US (United States) Code. Title 42. Chapter 7: Social Security

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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EFFECTIVE DATE OF 1999 AMENDMENTS

Pub. L. 106-170, title IV, Sec. 402(a)(4), Dec. 17, 1999, 113

Stat. 1908, provided that: "The amendments made by this subsection

[amending this section, section 1382 of this title, and section

552a of Title 5, Government Organization and Employees] shall apply

to individuals whose period of confinement in an institution

commences on or after the first day of the fourth month beginning

after the month in which this Act is enacted [Dec. 1999]."

Pub. L. 106-170, title IV, Sec. 402(b)(2), Dec. 17, 1999, 113

Stat. 1908, provided that: "The amendments made by this subsection

[amending this section] shall apply to individuals whose period of

confinement in an institution commences on or after the first day

of the fourth month beginning after the month in which this Act is

enacted [Dec. 1999]."

Pub. L. 106-170, title IV, Sec. 402(d)(3), Dec. 17, 1999, 113

Stat. 1909, provided that: "The amendments made by this subsection

[amending this section] shall apply with respect to benefits for

months ending after the date of the enactment of this Act [Dec. 17,

1999]."

Pub. L. 106-169, title II, Sec. 207(e), Dec. 14, 1999, 113 Stat.

1839, provided that: "The amendments made by this section [enacting

section 1320a-8a of this title, amending this section and section

1382 of this title, and enacting provisions set out as a note under

section 1320a-8a of this title] shall apply to statements and

representations made on or after the date of the enactment of this

Act [Dec. 14, 1999]."

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 308(g)(1) of Pub. L. 104-208 effective, with

certain transitional provisions, on the first day of the first

month beginning more than 180 days after Sept. 30, 1996, see

section 309 of Pub. L. 104-208, set out as a note under section

1101 of Title 8, Aliens and Nationality.

Section 503(b) of div. C of Pub. L. 104-208 provided that: "The

amendment made by subsection (a) [amending this section] shall

apply with respect to benefits for which applications are filed on

or after the first day of the first month that begins at least 60

days after the date of the enactment of this Act [Sept. 30, 1996]."

Section 104(a)(2) of Pub. L. 104-121 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

with respect to benefits of individuals who become entitled to such

benefits for months after the third month following the month in

which this Act is enacted [March 1996]."

Section 104(b)(3) of Pub. L. 104-121 provided that:

"(A) The amendments made by paragraph (1) [amending this section]

shall apply with respect to final divorces occurring after the

third month following the month in which this Act is enacted [March

1996].

"(B) The amendment made by paragraph (2) [amending this section]

shall take effect on the date of the enactment of this Act [Mar.

29, 1996]."

EFFECTIVE DATE OF 1994 AMENDMENTS

Section 4(b) of Pub. L. 103-387 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to benefits for months commencing after 90 days after the

date of the enactment of this Act [Oct. 22, 1994]."

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 308(c) of Pub. L. 103-296 provided that: "The amendments

made by this section [amending this section and section 415 of this

title] shall apply (notwithstanding section 215(f) of the Social

Security Act [section 415(f) of this title]) with respect to

benefits payable for months after December 1994."

Section 321(b)(1) of Pub. L. 103-296 provided that the amendment

made by that section is effective as if included in section

603(b)(5)(A) of Pub. L. 101-649.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-649 not applicable to deportation

proceedings for which notice has been provided to the alien before

Mar. 1, 1991, see section 602(d) of Pub. L. 101-649, set out as a

note under section 1227 of Title 8, Aliens and Nationality.

Section 5103(e) of Pub. L. 101-508 provided that:

"(1) In general. - The amendments made by this section [amending

this section and sections 416, 423, 426, and 1383c of this title]

(other than paragraphs (1) and (2)(C) of subsection (c) [amending

sections 426 and 1383c of this title]) shall apply with respect to

monthly insurance benefits for months after December 1990 for which

applications are filed on or after January 1, 1991, or are pending

on such date. The amendments made by subsection (c)(1) [amending

section 1383c of this title] shall apply with respect to medical

assistance provided after December 1990. The amendments made by

subsection (c)(2)(C) [amending section 426 of this title] shall

apply with respect to items and services furnished after December

1990.

"(2) Application requirements for certain individuals on benefit

rolls. - In the case of any individual who -

"(A) is entitled to disability insurance benefits under section

223 of the Social Security Act [section 423 of this title] for

December 1990 or is eligible for supplemental security income

benefits under title XVI of such Act [subchapter XVI of this

chapter], or State supplementary payments of the type referred to

in section 1616(a) of such Act [section 1382e(a) of this title]

(or payments of the type described in section 212(a) of Public

Law 93-66 [set out as a note under section 1382 of this title])

which are paid by the Secretary under an agreement referred to in

such section 1616(a) (or in section 212(b) of Public Law 93-66

[set out as a note under section 1382 of this title]), for

January 1991,

"(B) applied for widow's or widower's insurance benefits under

subsection (e) or (f) of section 202 of the Social Security Act

during 1990 [subsec. (e) or (f) of this section], and

"(C) is not entitled to such benefits under such subsection (e)

or (f) for any month on the basis of such application by reason

of the definition of disability under section 223(d)(2)(B) of the

Social Security Act (as in effect immediately before the date of

the enactment of this Act [Nov. 5, 1990]), and would have been so

entitled for such month on the basis of such application if the

amendments made by this section had been applied with respect to

such application,

for purposes of determining such individual's entitlement to such

benefits under subsection (e) or (f) of section 202 of the Social

Security Act for months after December 1990, the requirement of

paragraph (1)(C)(i) of such subsection shall be deemed to have been

met."

Section 5116(b) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to applications for benefits filed on or after January 1,

1991."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10203(b) of Pub. L. 101-239 provided that: "The

amendments made by this section [amending this section] shall apply

-

"(1) in the case of any individual's old-age insurance benefit

referred to in section 202(q)(3)(E) of the Social Security Act

[subsec. (q)(3)(E) of this section] (as in effect before the

amendments made by this section), only if such individual attains

age 62 on or after January 1, 1990, and

"(2) in the case of any individual's disability insurance

benefit referred to in section 202(q)(3)(F) or (G) of such Act

(as so in effect), only if such individual both attains age 62

and becomes disabled on or after such date."

Section 10301(c) of Pub. L. 101-239 provided that: "The

amendments made by this section [amending this section] shall apply

with respect to benefits payable for months after December 1989,

but only on the basis of applications filed on or after January 1,

1990."

Section 10302(a)(2) of Pub. L. 101-239 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

with respect to misinformation furnished after December 1982 and to

benefits for months after December 1982."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8004(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply only in

the case of deportations occurring, and final orders of deportation

issued, on or after the date of enactment of this Act [Nov. 10,

1988], and only to benefits for months beginning (and deaths

occurring) on or after such date."

Amendment by section 8007(b) of Pub. L. 100-647 applicable to

benefits paid for (and items and services furnished in) months

after December 1988, see section 8007(d) of Pub. L. 100-647, set

out as a note under section 1402 of Title 26, Internal Revenue

Code.

Section 8010(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply to

benefits payable under section 202(e) or section 202(f) of the

Social Security Act [subsec. (e) or (f) of this section] on the

basis of the wages and self-employment income of an individual who

dies after the month in which this Act is enacted [Nov. 10, 1988]."

Section 8014(c) of Pub. L. 100-647 provided that: "The preceding

provisions of this section (including the amendments made by

subsection (a)) [amending this section and enacting provisions set

out below] shall apply as if they had been included or reflected in

the provisions of section 9007 of the Omnibus Budget Reconciliation

Act of 1987 (101 Stat. 1330-289) [Pub. L. 100-203, amending this

section and enacting provisions set out below] at the time of its

enactment [Dec. 22, 1987]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9007(f) of Pub. L. 100-203 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to benefits for months after December 1987; except that

nothing in such amendments shall affect any exemption (from the

application of the pension offset provisions contained in

subsection (b)(4), (c)(2), (e)(7), (f)(2), or (g)(4) of section 202

of the Social Security Act [this section]) which any individual may

have by reason of subsection (g) or (h) of section 334 of the

Social Security Amendments of 1977 [section 334(g), (h) of Pub. L.

95-216, set out as notes below]."

Section 9010(f) of Pub. L. 100-203 provided that: "The amendments

made by this section [amending this section and sections 416, 423,

and 426 of this title] shall take effect January 1, 1988, and shall

apply with respect to -

"(1) individuals who are entitled to benefits which are payable

under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B),

(e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 of the Social

Security Act [this section] or subsection (a)(1) of section 223

of such Act [section 423 of this title] for any month after

December 1987, and

"(2) individuals who are entitled to benefits which are payable

under any provision referred to in paragraph (1) for any month

before January 1988 and with respect to whom the 15-month period

described in the applicable provision amended by this section has

not elapsed as of January 1, 1988."

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 1883(f) of Pub. L. 99-514 provided that: "Except as

otherwise provided in this section, the amendments made by this

section [amending this section and sections 410, 411, 415, 418,

421, 423, 602, 657, 658, 664, 674, 1301, 1320b-6, 1382a, 1383, and

1397b of this title and sections 1402 and 3121 of Title 26,

Internal Revenue Code, repealing section 1397f of this title,

enacting provisions set out as notes under sections 602 and 678 of

this title, and amending provisions set out as a note under section

410 of this title] shall take effect on the date of the enactment

of this Act [Oct. 22, 1986]."

Section 12104(b) of Pub. L. 99-272 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to benefits for which application is filed after the date

of the enactment of this Act [Apr. 7, 1986]."

Section 12107(c) of Pub. L. 99-272 provided that: "The amendments

made by this section [amending this section and section 423 of this

title] are effective December 1, 1980, and shall apply with respect

to any individual who is under a disability (as defined in section

223(d) of the Social Security Act [section 423(d) of this title])

on or after that date."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by sections 2661(b)-(f) and 2662(c)(1) of Pub. L.

98-369 effective as though included in the enactment of the Social

Security Amendments of 1983, Pub. L. 98-21, see section 2664(a) of

Pub. L. 98-369, set out as a note under section 401 of this title.

Amendment by section 2663(a)(2) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENTS

Section 111(a)(8) of Pub. L. 98-21 provided that: "The amendments

made by this subsection [amending this section and sections 403,

415, and 430 of this title] shall apply with respect to

cost-of-living increases determined under section 215(i) of the

Social Security Act [section 415(i) of this title] for years after

1982."

Section 114(c)(2) of Pub. L. 98-21 provided that: "The amendments

made by paragraph (1) [amending this section] shall apply with

respect to increment months in calendar years after 1983."

Section 131(d) of Pub. L. 98-21 provided that:

"(1) The amendments made by this section [amending this section

and section 426 of this title] shall be effective with respect to

monthly benefits payable under title II of the Social Security Act

[this subchapter] for months after December 1983.

"(2) In the case of an individual who was not entitled to a

monthly benefit of the type involved under title II of such Act for

December 1983, no benefit shall be paid under such title by reason

of such amendments unless proper application for such benefit is

made."

Section 132(c)(1) of Pub. L. 98-21 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to monthly insurance benefits for months after December

1984, but only on the basis of applications filed on or after

January 1, 1985."

Section 133(c) of Pub. L. 98-21 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to monthly insurance benefits for months after December

1984 for individuals who first meet all criteria for entitlement to

benefits under section 202(e) or (f) of the Social Security Act

[subsec. (e) or (f) of this section] (other than making application

for such benefits) after December 1984."

Section 134(c) of Pub. L. 98-21 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to benefits for months after December 1983."

Section 301(a)(5) of Pub. L. 98-21, as amended by Pub. L. 98-369,

div. B, title VI, Sec. 2662(d), July 18, 1984, 98 Stat. 1159,

provided that the amendment made by that section is effective with

respect to monthly insurance benefits for months after December

1984 (but only on the basis of applications filed on or after

January 1, 1985).

Section 307(b) of Pub. L. 98-21 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to benefits under title II of the Social Security Act [this

subchapter] for months after the month in which this Act is enacted

[April 1983], but only in cases in which the 'last month' referred

to in the provision amended is a month after the month in which

this Act is enacted."

Section 310 of title III of Pub. L. 98-21 provided that:

"(a) Except as otherwise specifically provided in this title, the

amendments made by this part [part A (Secs. 301-310) of title III

of Pub. L. 98-21, amending this section and sections 403, 405, 416,

417, 422, 423, 425, 426, 427, and 428 of this title] apply only

with respect to monthly benefits payable under title II of the

Social Security Act [this subchapter] for months after the month in

which this Act is enacted [April 1983].

"(b) Nothing in any amendment made by this part shall be

construed as affecting the validity of any benefit which was paid,

prior to the effective date of such amendment, as a result of a

judicial determination."

Section 334(b) of Pub. L. 98-21 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to survivors whose applications for monthly benefits are

filed after the second month following the month in which this Act

is enacted [April 1983]."

Section 337(b) of Pub. L. 98-21, as amended by Pub. L. 98-617,

Sec. 2(a)(1), Nov. 8, 1984, 98 Stat. 3294, provided that: "The

amendments made by subsection (a) of this section [amending this

section] shall apply only with respect to monthly insurance

benefits payable under title II of the Social Security Act [this

subchapter] for months after June 1983."

[Section 2(a)(2) of Pub. L. 98-617 provided that: "The amendments

made by this subsection [amending section 337(b) of Pub. L. 98-21,

set out above] shall apply to benefits payable under title II of

the Social Security Act [this subchapter] for months beginning

after the month of enactment of this Act [November 1984]."]

Section 339(c) of Pub. L. 98-21 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

423 of this title] shall apply with respect to monthly benefits

payable for months beginning on or after the date of enactment of

this Act [Apr. 20, 1983]."

Section 340(c) of Pub. L. 98-21 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to any individual who initially becomes eligible for

benefits under section 202 or 223 [this section or section 423 of

this title] after December 31, 1984."

Section 7(d) of Pub. L. 97-455 provided that: "The amendments

made by subsections (a) [enacting and amending provisions set out

as notes under this section] and (c) [amending this section] of

this section shall be effective with respect to monthly insurance

benefits for months after November 1982."

EFFECTIVE DATE OF 1981 AMENDMENTS

Amendment by section 2201(b)(10), (11), (d)(1), (2) of Pub. L.

97-35 and amendment by section 2(e) of Pub. L. 97-123 applicable

with respect to benefits for months after December 1981, and

amendment by section 2201(f) of Pub. L. 97-35 applicable with

respect to deaths occurring after December 1981, with certain

exceptions, see section 2(j)(2)-(4) of Pub. L. 97-123, set out as a

note under section 415 of this title.

Section 2202(b) of Pub. L. 97-35 provided that: "The amendments

made by subsection (a) [amending this section and section 416 of

this title] shall apply only with respect to deaths occurring after

August 1981."

Section 2203(f)(1), (2) of Pub. L. 97-35 provided that:

"(1) The amendments made by subsections (a), (b), and (c)

[amending this section and section 416 of this title] of this

section shall apply only to monthly insurance benefits payable to

individuals who attain age 62 after August 1981.

"(2) The amendments made by subsection (d) of this section

[amending this section and section 416 of this title] shall apply

to monthly insurance benefits for months after August 1981, and

only in the case of individuals who were not entitled to such

insurance benefits for August 1981 or any preceding month."

Section 2205(b) of Pub. L. 97-35 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to wife's and mother's insurance benefits for months after

the month in which this Act is enacted [August 1981], except that,

in the case of an individual who is entitled to such a benefit (on

the basis of having a child in her care) for the month in which

this Act is enacted [August 1981], such amendments shall not take

effect until the first day of the first month which begins 2 years

or more after the date of the enactment of this Act [Aug. 13,

1981]."

Section 2206(c) of Pub. L. 97-35 provided that: "The amendments

made by this section [amending this section and sections 403 and

415 of this title] shall apply only with respect to initial

calculations and adjustments of primary insurance amounts and

benefit amounts which are attributable to periods after August

1981."

Section 2210(b) of Pub. L. 97-35 provided that: "Except as

provided in subsection (c) [section 2210(c) of Pub. L. 97-35, set

out below], the amendments made by subsection (a) [amending this

section] shall apply to child's insurance benefits under section

202(d) of the Social Security Act [subsec. (d) of this section] for

months after July 1982."

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 1011(b) of Pub. L. 96-499 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

with respect to applications filed on or after the first day of the

first month which begins 60 days or more after the date of the

enactment of this Act [Dec. 5, 1980]."

Section 5(d) of Pub. L. 96-473 provided that: "The amendments

made by this section [amending this section and sections 416 and

423 of this title] shall be effective with respect to benefits

payable for months beginning on or after October 1, 1980."

Section 303(d) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and sections 416, 422,

423, 1382, and 1382c of this title] shall become effective on the

first day of the sixth month which begins after the date of the

enactment of this Act [June 9, 1980], and shall apply with respect

to any individual whose disability has not been determined to have

ceased prior to such first day."

Section 306(d) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and sections 416 and

423 of this title] shall apply to applications filed after the

month in which this Act is enacted [June 1980]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section

703(r) of Pub. L. 95-600, set out as a note under section 46 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 206 of title II of Pub. L. 95-216 provided that: "The

amendments made by the provisions of this title other than sections

201(d), 204, and 205(a) [amending this section and sections 403,

415, 417, 424a, and 1395r of this title] shall be effective with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] payable for months after December 1978 and

with respect to lump-sum death payments with respect to deaths

occurring after such month. The amendments made by section 201(d)

[amending section 415 of this title] shall be effective with

respect to monthly benefits of an individual who becomes eligible

for an old-age or disability insurance benefit, or dies, after

December 1977. The amendments made by section 204 [amending this

section and section 403 of this title] shall be effective with

respect to monthly benefits for months after May 1978. The

amendment made by section 205(a) [amending this section] shall be

effective with respect to monthly benefits payable for months after

December 1978 based on the wages and self-employment income of

individuals who die after December 1978."

Section 331(d) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section] shall be effective

with respect to monthly benefits payable for months after December

1977."

Section 332(b) of Pub. L. 95-216 provided that: "The amendments

made by subsection (a) [amending this section and section 426 of

this title] shall be effective with respect to monthly insurance

benefits under title II of the Social Security Act [this

subchapter] to which an individual becomes entitled on the basis of

an application filed on or after January 1, 1978."

Section 334(f) of Pub. L. 95-216 as amended by section 7(a)(2) of

Pub. L. 97-455, provided that: "Subject to subsections (g) and (h)

[section 334(g) and (h) of Pub. L. 95-216, set out as notes below],

the amendments made by this section [amending this section and

section 426 of this title and enacting provisions set out as notes

under this section] shall apply with respect to monthly insurance

benefits payable under title II of the Social Security Act [this

subchapter] for months beginning with the month in which this Act

is enacted [December 1977], on the basis of applications filed in

or after the month in which this Act is enacted."

Section 336(c)(1) of Pub. L. 95-216 provided that: "The

amendments made by this section [amending this section] shall apply

only with respect to monthly benefits payable under title II of the

Social Security Act [this subchapter] for months after December

1978, and, in the case of individuals who are not entitled to

benefits of the type involved for December 1978, only on the basis

of applications filed on or after January 1, 1979."

Section 337(c) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall apply with respect to monthly benefits payable under

title II of the Social Security Act [this subchapter] for months

after December 1978, and, in the case of individuals who are not

entitled to benefits of the type involved for December 1978, only

on the basis of applications filed on or after January 1, 1979."

Section 353(f)(1) of Pub. L. 95-216 provided that the amendment

made by that section is effective with respect to convictions after

Dec. 31, 1977.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 603 of Pub. L. 93-445 provided that: "The provision of

title II of this Act [set out as a note under section 231 of Title

45, Railroads] and the amendments made by title III and title IV of

this Act [amending this section and sections 405, 410, 416, 426,

1395s, 1395u, 1395v, 1395gg, and 1395kk of this title and sections

352, 354, 360, 361, and 362 of Title 45] shall become effective on

January 1, 1975."

EFFECTIVE DATE OF 1973 AMENDMENT

Section 240(b) of Pub. L. 93-66 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to monthly benefits payable under title II of the Social

Security Act [this subchapter] for months after the month in which

this Act is enacted [July 1973] on the basis of applications for

such benefits filed in or after the month in which this Act is

enacted."

EFFECTIVE DATE OF 1972 AMENDMENT

Section 102(i) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 403 of this

title and enacting provisions set out as notes under this section]

shall apply with respect to monthly benefits under title II of the

Social Security Act [this subchapter] for months after December

1972."

Section 103(d) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 403 of this

title] shall be applicable with respect to old-age insurance

benefits payable under title II of the Social Security Act [this

subchapter] for months beginning after 1972."

Section 107(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and sections 403, 422,

and 425 of this title] shall apply with respect to monthly benefits

under title II of the Social Security Act [this subchapter] for

months after December 1972, except that in the case of an

individual who was not entitled to a monthly benefit under title II

of such Act for December 1972 such amendments shall apply only on

the basis of an application filed in or after the month in which

this Act is enacted [October 1972]."

Section 108(f) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to monthly benefits under section 202 of the Social

Security Act [this section] for months after December 1972 except

that in the case of an individual who was not entitled to a monthly

benefit under such section 202 for December 1972 such amendments

shall apply only on the basis of an application filed after

September 30, 1972."

Section 109(b) of Pub. L. 92-603 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to benefits payable under title II of the Social

Security Act [this subchapter] for months after December 1972."

Section 110(b) of Pub. L. 92-603 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to monthly benefits under title II of the Social

Security Act [this subchapter] for months after December 1972."

Section 111(b) of Pub. L. 92-603 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to monthly benefits payable under title II of the Social

Security Act [this subchapter] for months after December 1967 on

the basis of an application filed in or after the month in which

this Act is enacted [October 1972], except that such amendments

shall not apply with respect to benefits for any month before the

month in which this Act is enacted unless such application is filed

before the close of the sixth month after the month in which this

Act is enacted."

Section 112(b) of Pub. L. 92-603 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to monthly benefits under title II of the Social

Security Act [this subchapter] for months beginning with the month

in which this Act is enacted [October 1972]."

Section 113(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall apply with respect to monthly benefits payable under

title II of the Social Security Act [this subchapter] for months

after December 1972, but only on the basis of applications filed on

or after the date of the enactment of this Act [Oct. 30, 1972]."

Section 114(d) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to benefits payable under title II of the Social Security

Act [this subchapter] for months after December 1972 on the basis

of applications filed on or after the date of enactment of this Act

[Oct. 30, 1972]."

Amendment by section 116(b), (c) of Pub. L. 92-603 effective with

respect to applications for widow's and widower's insurance

benefits based on disability under this section filed in or after

October 1972 or before October 1972 under specified conditions, see

section 116(e) of Pub. L. 92-603, set out as a note under section

423 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 2 of Pub. L. 92-223 provided that: "The amendments made

by the first section of this Act [amending this section] shall be

effective only in the case of lump-sum death payments under title

II of the Social Security Act [this subchapter] made with respect

to deaths which occur after December 31, 1970."

EFFECTIVE DATE OF 1969 AMENDMENT

Section 1004(d) of Pub. L. 91-172 provided that: "The amendments

made by subsections (a), (b), and (c) [amending this section] shall

apply with respect to monthly benefits under title II of the Social

Security Act [this subchapter] for months after December 1969."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 103(e) of Pub. L. 90-248 provided that: "The amendments

made by subsections (a), (b), (c), and (d) [amending this section]

shall apply with respect to monthly benefits under title II of the

Social Security Act [this subchapter] for months after January

1968."

Section 104(e) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section and sections 403, 416,

422, and 425 of this title] shall apply with respect to monthly

benefits under title II of the Social Security Act [this

subchapter] for and after the month of February 1968, but only on

the basis of applications for such benefits filed in or after the

month in which this Act is enacted [January 1968]."

Section 112(b) of Pub. L. 90-248 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to monthly benefits payable under title II of the Social

Security Act [this subchapter] for months after January 1968, but

only on the basis of applications filed after the date of enactment

of this Act [Jan. 2, 1968]."

Section 151(e) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section and section 228e of

Title 45, Railroads] shall apply with respect to monthly benefits

payable under title II of the Social Security Act [this subchapter]

(and annuities accruing under the Railroad Retirement Act of 1937

[section 228a et seq. of Title 45]) for months after January 1968,

but only on the basis of applications filed in or after the month

in which this Act is enacted [January 1968]."

Section 157(d) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to monthly benefits payable under title II of the Social

Security Act [this subchapter] for months after January 1968, but

only on the basis of applications filed in or after the month in

which this Act is enacted [January 1968]."

Amendment by section 158(c)(1), (2) of Pub. L. 90-248, applicable

with respect to applications for disability insurance benefits

under section 423 of this title and to disability determinations

under section 416(i) of this title, see section 158(e) of Pub. L.

90-248, set out as a note under section 423 of this title.

Section 162(a)(2) of Pub. L. 90-248 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply only with

respect to six-month periods (within the meaning of section

202(t)(1)(A) of the Social Security Act [subsec. (t)(1)(A) of this

section]) which begin after the date of the enactment of this Act

[Jan. 2, 1968]."

Section 162(b)(2) of Pub. L. 90-248 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply only with

respect to monthly benefits under title II of the Social Security

Act [this subchapter] for months beginning after June 30, 1968."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 303(d) of Pub. L. 89-97 effective with

respect to applications for disability insurance benefits under

section 423 of this title, and for disability determinations under

section 416(i) of this title, filed in or after July 1965 or before

July 1965, if the applicant has not died before such month and

notice of final administrative decision has not been given to the

applicant before such month, see section 303(f)(1), of Pub. L.

89-97, set out as a note under section 423 of this title.

Section 304(o) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and sections 415, 416,

and 423 of this title] shall apply with respect to monthly

insurance benefits under title II of the Social Security Act [this

subchapter] for and after the second month following the month

[July 1965] in which this Act is enacted, but only on the basis of

applications filed in or after the month in which this Act is

enacted."

Section 306(d) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and sections 403, 416,

422, and 425 of this title] shall apply with respect to monthly

insurance benefits under section 202 of the Social Security Act

[this section] for months after December 1964; except that -

"(1) in the case of an individual who was not entitled to a

child's insurance benefit under subsection (d) of such section

[subsec. (d) of this section] for the month in which this Act is

enacted [July 1965], such amendments shall apply only on the

basis of an application filed in or after the month in which this

Act is enacted, and

"(2) no monthly insurance benefit shall be payable for any

month before the second month following the month in which this

Act is enacted [July 1965] by reason of section 202(d)(1)(B)(ii)

of the Social Security Act [subsec. (d)(1)(B)(ii) of this

section] as amended by this section."

Section 307(c) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to monthly insurance benefits under section 202 of the

Social Security Act [this section] for and after the second month

following the month [July 1965] in which this Act is enacted, but

only on the basis of applications filed in or after the month in

which this Act is enacted."

Section 308(e) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and sections 403, 405,

416, and 422 of this title] shall be applicable with respect to

monthly insurance benefits under title II of the Social Security

Act [this subchapter] beginning with the second month following the

month in which this Act is enacted [July 1965]; but, in the case of

an individual who was not entitled to a monthly insurance benefit

under section 202 of such Act [this section] for the first month

following the month in which this Act is enacted [July 1965], only

on the basis of an application filed in or after the month in which

this Act is enacted."

Amendment by section 319(d) of Pub. L. 89-97 applicable with

respect to taxable years beginning after December 31, 1950, see

section 319(e) of Pub. L. 89-97, set out as a note under section

1402 of Title 26.

Section 323(b) of Pub. L. 89-97 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall be applicable to persons who file applications, or on whose

behalf applications are filed, for benefits under section 202(d) of

the Social Security Act [subsec. (d) of this section] on or after

the date this section is enacted [July 30, 1965]. The time limit

provided by section 202(d)(10)(B) of such Act [subsec. (d)(10)(B)

of this section] as amended by this section for legally adopting a

child shall not apply in the case of any child who is adopted

before the end of the 12-month period following the month in which

this section is enacted."

Section 324(b) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section] shall be effective

with respect to (1) applications for lump-sum death payments filed

in or after the month [July 1965] in which this Act is enacted, and

(2) monthly benefits based on applications filed in or after such

month."

Amendment by section 328(a) of Pub. L. 89-97 applicable with

respect to applications filed on or after July 30, 1965,

applications as to which the Secretary has not made a final

decision before July 30, 1965, and, if a civil action with respect

to a final decision of the Secretary has been commenced under

section 405(g) of this title before July 30, 1965, applications as

to which there has been no final judicial decision before July 30,

1965, see section 328(d) of Pub. L. 89-97, set out as a note under

section 416 of this title.

Section 333(d) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to monthly insurance benefits under section 202 of the

Social Security Act [this section] beginning with the second month

following the month in which this Act is enacted [July 1965]; but,

in the case of an individual who was not entitled to a monthly

insurance benefit under section 203(e) or (f) of such Act [subsec.

(e) or (f) of this section] for the first month following the month

in which this Act is enacted, only on the basis of an application

filed in or after the month in which this Act is enacted."

Section 334(g) of Pub. L. 89-97 provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall be applicable only with respect to monthly insurance

benefits under title II of the Social Security Act [this

subchapter] beginning with the second month following the month in

which this Act is enacted [July 1965], but only on the basis of

applications filed in or after the month in which this Act is

enacted."

Amendment by section 339(b) of Pub. L. 89-97 applicable with

respect to monthly insurance benefits under subchapter II of this

chapter beginning with September 1965 but only on the basis of an

application filed in or after July 1965, see section 339(c) of Pub.

L. 89-97, set out as a note under section 416 of this title.

Section 343(b) of Pub. L. 89-97 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to monthly insurance benefits under title II of the

Social Security Act [this subchapter] for months after the month in

which this Act is enacted [July 1965]; except that, in the case of

an individual who was not entitled to child's insurance benefits

under section 202(d) of such Act [subsec. (d) of this section] for

the month in which this Act was enacted, such amendment shall apply

only on the basis of an application filed in or after the month in

which this Act is enacted."

EFFECTIVE DATE OF 1961 AMENDMENT

Section 102(f) of title I of Pub. L. 87-64 provided that:

"(1) The amendments made by subsection (a) [amending this

section] shall apply with respect to monthly benefits for months

beginning on or after the effective date of this title [see

Effective Date of 1961 Amendment note set out above] based on

applications filed in or after March 1961.

"(2)(A) Except as provided in subparagraphs (B), (C), and (D),

section 202(q) of such Act [subsec. (q) of this section], as

amended by subsection (b)(1), shall apply with respect to monthly

benefits for months beginning on or after the effective date of

this title [see Effective Date of 1961 Amendment note set out

above].

"(B) Section 202(q)(3) of such Act, as amended by subsection

(b)(1), shall apply with respect to monthly benefits for months

beginning on or after the effective date of this title [see

Effective Date of 1961 Amendment note set out above], but only if

the increase described in such section 202(q)(3) -

"(i) is not effective for any month beginning before the

effective date of this title, or

"(ii) is based on an application for a recomputation filed on

or after the effective date of this title.

"(C) In the case of any individual who attained age 65 before the

effective date of this title, the adjustment in such individual's

reduction period provided for in section 202(q)(6) of such Act

[subsec. (q)(6) of this section], as amended by subsection (b)(1),

shall not apply to such individual unless the total of the months

specified in subparagraphs (A), (B), and (C) of such section

202(q)(6) is not less than 3.

"(D) In the case of any individual entitled to a monthly benefit

for the last month beginning before the effective date of this

title, if the amount of such benefit for any month thereafter is,

solely by reason of the change in section 202(q) of such Act

[subsec. (q) of this section] made by subsection (b)(1), lower than

the amount of such benefit for such last month, then it shall be

increased to the amount of such benefit for such last month.

"(3) Section 202(r) of such Act [subsec. (r) of this section], as

amended by subsection (b)(1), shall apply only with respect to

monthly benefits for months beginning on or after the effective

date of this title [see Effective Date of 1961 Amendment note set

out above], except that subparagraph (B) of section 202(r)(2) (as

so amended) shall apply only if the first subsequent month

described in such subparagraph (B) is a month beginning on or after

the effective date of this title.

"(4) The amendments made by subsection (b)(2) [amending this

section and sections 416 and 423 of this title] shall take effect

on the effective date of this title [see Effective Date of 1961

Amendment note set out above].

"(5) The amendments made by subsection (b)(3) [amending this

section] shall apply with respect to applications for monthly

benefits filed on or after the effective date of this title [see

Effective Date of 1961 Amendment note set out above].

"(6) The amendments made by subsections (c) and (d)(1) and (2)

[amending sections 409, 413, 415, 416, and 423 of this title] shall

apply with respect to -

"(A) monthly benefits for months beginning on or after the

Effective Date of this title [see Effective Date of 1961

Amendment note set out above] based on applications filed in or

after March 1961, and

"(B) lump-sum death payments under title II of the Social

Security Act [this subchapter] in the case of deaths on or after

the effective date of this title.

"(7) The amendment made by subsection (d)(3) [amending section

415 of this title] shall take effect on the effective date of this

title [see Effective Date of 1961 Amendment note set out above].

"(8) The amendments made by subsection (e) [amending this

section] shall apply with respect to monthly benefits for months

beginning on or after the effective date of this title [see

Effective Date of 1961 Amendment note set out above].

"(9) For purposes of this subsection, the term 'monthly benefits'

means monthly insurance benefits under title II of the Social

Security Act [this subchapter]."

Section 104(e) of title I of Pub. L. 87-64 provided that: "The

amendments made by this section [amending this section] shall apply

with respect to monthly benefits under section 202 of the Social

Security Act [this section] for months beginning on or after the

effective date of this title [see Effective Date of 1961 Amendment

note set out above]."

Section 109 of title I of Pub. L. 87-64 provided that: "Except as

otherwise provided, the effective date of this title [see Tables

for classifications] is the first day of the first calendar month

which begins on or after the 30th day after the date of the

enactment of this Act [June 30, 1961]."

EFFECTIVE DATE OF 1960 AMENDMENTS

Section 103(v) of Pub. L. 86-778, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) The amendments made by subsection (a) [amending this section

and provisions set out as notes under this section] shall apply

only with respect to reinterments after the date of the enactment

of this Act [Sept. 13, 1960]. The amendments made by subsections

(b), (e), and (f) [amending sections 403 and 410 of this title]

shall apply only with respect to service performed after 1960;

except that insofar as the carrying on of a trade or business

(other than performance of service as an employee) is concerned,

such amendments shall apply only in the case of taxable years

beginning after 1960. The amendments made by subsections (d), (i),

(o), and (p) [amending section 410 of this title and section 3121

of Title 26, Internal Revenue Code, and amending section 418 of

this title and section 3121 of Title 26] shall apply only with

respect to service performed after 1960. The amendments made by

subsections (h) and (l) [amending section 411 of this title and

section 1402 of Title 26] shall apply only in the case of taxable

years beginning after 1960. The amendments made by subsections (c),

(n), (q), and (r) [enacting section 3125 of Title 26 and amending

section 410 of this title and sections 3121, 6205, and 6413 of

Title 26] shall apply only with respect to (1) service in the

employ of the Government of Guam or any political subdivision

thereof, or any instrumentality of any one or more of the foregoing

wholly owned thereby, which is performed after 1960 and after the

calendar quarter in which the Secretary of the Treasury receives a

certification by the Governor of Guam that legislation has been

enacted by the Government of Guam expressing its desire to have the

insurance system established by title II of the Social Security Act

[this subchapter] extended to the officers and employees of such

Government and such political subdivisions and instrumentalities,

and (2) service in the employ of the Government of American Samoa

or any political subdivision thereof or any instrumentality of any

one or more of the foregoing wholly owned thereby, which is

performed after 1960 and after the calendar quarter in which the

Secretary of the Treasury receives a certification by the Governor

of American Samoa that the Government of American Samoa desires to

have the insurance system established by such title II extended to

the officers and employees of such Government and such political

subdivisions and instrumentalities. The amendments made by

subsections (g) and (k) [amending section 411 of this title and

section 1402 of Title 26] shall apply only in the case of taxable

years beginning after 1960, except that, insofar as they involve

the nonapplication of section 932 of the Internal Revenue Code of

1986 [formerly I.R.C. 1954] [section 932 of Title 26] to the Virgin

Islands for purposes of chapter 2 of such Code and section 211 of

the Social Security Act [section 411 of this title], such

amendments shall be effective in the case of all taxable years with

respect to which such chapter 2 (and corresponding provisions of

prior law) and such section 211 [section 411 of this title] are

applicable. The amendments made by subsections (j), (s), and (t)

[amending this section and sections 405, 409, 410, 411, 415, 417,

and 418 of this title and sections 7213 and 7701 of Title 26 and

repealing section 419 of this title] shall take effect on the date

of the enactment of this Act [Sept. 13, 1960]; and there are

authorized to be appropriated such sums as may be necessary for the

performance by any officer or employee of functions delegated to

him by the Secretary of the Treasury in accordance with the

amendment made by such subsection (t) [amending section 7701 of

Title 26].

"(2) The amendments made by subsections (c) and (n) [amending

section 410 of this title and section 3121 of Title 26] shall have

application only as expressly provided therein, and determinations

as to whether an officer or employee of the Government of Guam or

the Government of American Samoa or any political subdivision

thereof, or of any instrumentality of any one or more of the

foregoing which is wholly owned thereby, is an employee of the

United States or any agency or instrumentality thereof within the

meaning of any provision of law not affected by such amendments,

shall be made without any inferences drawn from such amendments.

"(3) The repeal (by subsection (j)(1)) of section 219 of the

Social Security Act [section 419 of this title], and the

elimination (by subsections (e), (f), (h), (j)(2), and (j)(3)) of

other provisions of such Act [from sections 410 and 411 of this

title] making reference to such section 219 [section 419 of this

title], shall not be construed as changing or otherwise affecting

the effective date specified in such section for the extension to

the Commonwealth of Puerto Rico of the insurance system under title

II of such Act [this subchapter], the manner or consequences of

such extension, or the status of any individual with respect to

whom the provisions so eliminated are applicable."

Section 201(c) of Pub. L. 86-778 provided that: "The amendments

made by this section [amending this section] shall apply as though

this Act had been enacted on August 28, 1958, and with respect to

monthly benefits under section 202 of the Social Security Act [this

section] for months after August 1958 based on applications for

such benefits filed on or after August 28, 1958."

Section 202(b) of Pub. L. 86-778 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to monthly benefits under section 202 of the Social

Security Act [this section] for months beginning with the month in

which this Act is enacted [September 1960], but only if an

application for such benefits is filed in or after such month."

Section 203(b) of Pub. L. 86-778 provided that: "The amendment

made by subsection (a) [amending this section] shall apply -

"(1) in the case of the death of an individual occurring on or

after the date of the enactment of this Act [Sept. 13, 1960], and

"(2) in the case of the death of an individual occurring prior

to such date, but only if no application for a lump-sum death

payment under section 202(i) of the Social Security Act [subsec.

(i) of this section] is filed on the basis of such individual's

wages and self-employment income prior to the third calendar

month beginning after such date."

Section 205(d) of Pub. L. 86-778 provided that: "The preceding

provisions of this section and the amendments made thereby

[amending this section] shall apply only in the case of monthly

benefits under title II of the Social Security Act [this

subchapter] for months after the month in which this Act is enacted

[September 1960], on the basis of applications filed in or after

such month."

Amendment by section 208(d) of Pub. L. 86-778 applicable (1) with

respect to monthly benefits under this subchapter for months

beginning with September 1960 on the basis of an application filed

in or after such month, and (2) in the case of a lump-sum death

payment under this subchapter based on an application filed in or

after September 1960, but only if no person, other than the person

filing such application, has filed an application for a lump-sum

death payment under this subchapter prior to Sept. 13, 1960 with

respect to the death of the same individual, see section 208(f) of

Pub. L. 86-778, set out as a note under section 416 of this title.

Amendment by section 211(i)-(l) of Pub. L. 86-778 effective in

the manner provided in section 211(p) and (q) of Pub. L. 86-778,

see section 211(p)-(s) of Pub. L. 86-778 set out as a note under

section 403 of this title.

Section 301(b) of Pub. L. 86-778 provided that: "The amendment

made by this section [amending this section] shall apply only with

respect to monthly benefits under section 202 of the Social

Security Act [this section] for months after the second month

following the month in which this Act is enacted [September 1960]."

Amendment by section 403(d) of Pub. L. 86-778 applicable only

with respect to benefits under subsec. (d) of this section for

months after September 1960, in the case of individuals who,

without regard to such amendment, would have been entitled to such

benefits for September 1960, or for any succeeding month, see

section 403(e) of Pub. L. 86-778, set out as a note under section

422 of this title.

Section 47(e) of Pub. L. 86-624 provided that: "The amendment

made by section 30(c)(1) [amending this section] shall be

applicable in the case of deaths occurring on or after August 21,

1959."

EFFECTIVE DATE OF 1959 AMENDMENT

Section 47(e) of Pub. L. 86-70 provided that: "The amendment made

by paragraph (1) of subsection (c) of section 32 [amending this

section] shall apply in the case of deaths occurring on or after

January 3, 1959."

EFFECTIVE DATE OF 1958 AMENDMENTS

Section 302 of Pub. L. 85-927 provided that: "The amendments made

by section 301 of this Act [amending this section] shall apply with

respect to monthly benefits under section 202 of the Social

Security Act [this section] for months after December 1956, and

with respect to lump-sum death payments under such section 202 in

the case of deaths occurring after December 1956."

Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2

of Pub. L. 85-857, set out as an Effective Date note preceding

section 101 of Title 38, Veterans' Benefits.

Amendment by section 101(e) of Pub. L. 85-840 applicable in the

case of monthly benefits under subchapter II of this chapter for

months after December 1958, and in the case of lump-sum death

payments under subchapter II of this chapter, with respect to

deaths occurring after such month, see section 101(g) of Pub. L.

85-840, set out as a note under section 415 of this title.

Amendment by section 205(b)-(i) of Pub. L. 85-840 applicable with

respect to monthly benefits under this subchapter for months after

August 1958, but only if an application for such benefits is filed

on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85-840,

set out as a note under section 416 of this title.

Section 301(f) of Pub. L. 85-840 provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall apply with respect to monthly benefits under section

202 of the Social Security Act [this section] for months beginning

after the date of enactment of this Act [Aug. 28, 1958], but only

if an application for such benefits is filed on or after such

date."

Section 304(a)(2) of Pub. L. 85-840 provided that: "The amendment

made by this subsection [amending this section] shall apply with

respect to monthly benefits under section 202 of the Social

Security Act [this section] for months beginning after the date of

enactment of this Act [Aug. 28, 1958], but only if an application

for such benefits is filed on or after such date."

Section 305(c) of Pub. L. 85-840 provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall apply in the case of lump-sum death payments under

such section 202(i) [subsec. (i) of this section] on the basis of

the wages and self-employment income of any individual who dies

after the month in which this Act is enacted [August 1958]."

Section 306(b) of Pub. L. 85-840 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to monthly benefits under section 202 of the Social

Security Act [this section] for months beginning after the date of

enactment of this Act [Aug. 28, 1958], but only if an application

for such benefits is filed on or after such date."

Section 307(h)(1) of Pub. L. 85-840 provided that: "The

amendments made by this section (other than by subsections (f) and

(g) [amending this section]) shall apply with respect to monthly

benefits under section 202 of the Social Security Act [this

section] for months following the month in which this Act is

enacted [August 1958]; except that in any case in which benefits

were terminated with the close of the month in which this Act is

enacted or any prior month and, if the amendments made by this

section had been in effect for such month, such benefits would not

have been terminated, the amendments made by this section shall

apply with respect to monthly benefits under section 202 of the

Social Security Act for months beginning after the date of

enactment of this Act, but only if an application for such benefits

is filed after such date."

EFFECTIVE DATE OF 1957 AMENDMENT

Section 2 of Pub. L. 85-238 provided that: "The amendments made

by the first section of this Act [amending this section] shall

apply with respect to monthly benefits under section 202 of the

Social Security Act [this section] for months after December 1956,

and with respect to lump-sum death payments under such section 202

in the case of deaths occurring after December 1956."

Section 3(i) of Pub. L. 85-238 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [amending this section and section 416 of this title]

shall apply in the case of monthly benefits under section 202 of

the Social Security Act [this section] for months after the month

in which this Act is enacted [August 1957].

"(2) The amendment made by subsection (f) [amending this section]

shall not apply in the case of benefits under section 202(h) of the

Social Security Act [subsec. (h) of this section], based on the

wages and self-employment income of a deceased individual who died

in or prior to the month in which this Act is enacted [August 1957]

for any parent who files the proof of support, required by such

section 202(h), in or prior to the month in which this Act is

enacted; and the amendment to section 216(h)(1) of such Act

[section 416(h)(1) of this title] made by subsection (h) of this

section shall not operate to deprive any such parent of benefits to

which he would otherwise be entitled under section 202(h) of such

Act."

EFFECTIVE DATE OF 1956 AMENDMENTS

Section 403(b) of act Aug. 1, 1956, ch. 837, provided that: "The

amendment made by subsection (a) [amending this section] shall be

effective as though it had been enacted on March 31, 1956."

Section 101(h) of act Aug. 1, 1956, ch. 836, provided that:

"(1) The amendments made by this section [amending this section

and section 403 of this title], other than subsection (c) [amending

this section], shall apply with respect to monthly benefits under

section 202 of the Social Security Act [this section] for months

after December 1956, but only, except as provided in paragraph (2),

on the basis of an application filed after September 1956. For

purposes of title II of the Social Security Act, as amended by this

Act [this subchapter], an application for wife's, child's, or

mother's insurance benefits under such title II filed, by reason of

this paragraph, by an individual who was entitled to benefits prior

to, but not for, December 1956 and whose entitlement terminated as

a result of a child's attainment of age eighteen shall be treated

as the application referred to in subsection (b), (d), and (g),

respectively, of section 202 of such Act.

"(2) In the case of an individual who was entitled, without the

application of subsection (j)(1) of such section 202 [subsec.

(j)(1) of this section], to a child's insurance benefit under

subsection (d) of such section [subsec. (d) of this section] for

December 1956, such amendments shall apply with respect to benefits

under such section 202 [this section] for months after December

1956.

"(3) The amendment made by subsection (c) [amending this section]

shall apply in the case of benefits under section 202(h) of the

Social Security Act [subsec. (h) of this section] based on the

wages and self-employment income of an individual who dies after

August 1956."

Section 114(b) of act Aug. 1, 1956, ch. 836, provided that: "The

amendment made by subsection (a) [amending this section] shall

apply in the case of lump-sum death payments under title II of the

Social Security Act [this subchapter], and monthly benefits under

such title for months after August 1956, based on applications

filed after August 1956."

Section 118(b) of act Aug. 1, 1956, ch. 836, provided that: "The

amendment made by subsection (a) [amending this section] shall

apply in the case of monthly benefits under title II of the Social

Security Act [this subchapter] for months after December 1956 and

in the case of lump-sum death payments under section 202(i) of such

Act [subsec. (i) of this section] with respect to deaths occurring

after December 1956."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 105(b) of act Sept. 1, 1954, provided that: "The

amendment made by subsection (a) [amending this section] shall be

applicable only in the case of applications for monthly benefits

under section 202 of the Social Security Act [this section] filed

after August 1954; except that no individual shall, by reason of

such amendment, be entitled to any benefit for any month prior to

February 1954."

EFFECTIVE DATE OF 1950 AMENDMENT

Section 101(b)(1), (3) of act Aug. 28, 1950, provided that:

"(1) Except as provided in paragraph (3), the amendment made by

subsection (a) of this section [amending this section] shall take

effect September 1, 1950.

"(3) Section 202(j)(2) of the Social Security Act [subsec. (j)(2)

of this section], as amended by this Act, shall take effect on the

date of enactment of this Act [Aug. 28, 1950]."

EFFECTIVE DATE OF 1946 AMENDMENT

Section 403(b) of act Aug. 10, 1946, provided that: "The

amendment made by subsection (a) of this section [amending this

section] shall be applicable only in cases of applications for

benefits under that Act filed after December 31, 1946."

Section 404(b) of act Aug. 10, 1946, provided that: "The

amendment made by subsection (a) of this section [amending this

section] shall be applicable only in cases where the death of the

insured individual occurs after December 31, 1946."

Subsec. 405(b) of act Aug. 10, 1946, provided that: "The

amendment made by subsection (a) of this section [amending this

section] shall be applicable only in cases of applications for

benefits under this title [this subchapter] filed after December

31, 1946."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

CONSTRUCTION OF 1994 AMENDMENTS

Section 7 of Pub. L. 103-387 provided that: "Until March 31,

1995, any reference in this Act [see Short Title of 1994 Amendments

note, set out under section 1 of Title 26, Internal Revenue Code]

(other than section 3(d) [108 Stat. 4075]) or any amendment made by

this Act to the Commissioner of Social Security shall be deemed a

reference to the Secretary of Health and Human Services."

PILOT STUDY OF EFFICACY OF PROVIDING INDIVIDUALIZED INFORMATION TO

RECIPIENTS OF OLD-AGE AND SURVIVORS INSURANCE BENEFITS

Section 106 of Pub. L. 104-121 provided that:

"(a) In General. - During a 2-year period beginning as soon as

practicable in 1996, the Commissioner of Social Security shall

conduct a pilot study of the efficacy of providing certain

individualized information to recipients of monthly insurance

benefits under section 202 of the Social Security Act [this

section], designed to promote better understanding of their

contributions and benefits under the social security system. The

study shall involve solely beneficiaries whose entitlement to such

benefits first occurred in or after 1984 and who have remained

entitled to such benefits for a continuous period of not less than

5 years. The number of such recipients involved in the study shall

be of sufficient size to generate a statistically valid sample for

purposes of the study, but shall not exceed 600,000 beneficiaries.

"(b) Annualized Statements. - During the course of the study, the

Commissioner shall provide to each of the beneficiaries involved in

the study one annualized statement, setting forth the following

information:

"(1) an estimate of the aggregate wages and self-employment

income earned by the individual on whose wages and

self-employment income the benefit is based, as shown on the

records of the Commissioner as of the end of the last calendar

year ending prior to the beneficiary's first month of

entitlement;

"(2) an estimate of the aggregate of the employee and

self-employment contributions, and the aggregate of the employer

contributions (separately identified), made with respect to the

wages and self-employment income on which the benefit is based,

as shown on the records of the Commissioner as of the end of the

calendar year preceding the beneficiary's first month of

entitlement; and

"(3) an estimate of the total amount paid as benefits under

section 202 of the Social Security Act [this section] based on

such wages and self-employment income, as shown on the records of

the Commissioner as of the end of the last calendar year

preceding the issuance of the statement for which complete

information is available.

"(c) Inclusion With Matter Otherwise Distributed to

Beneficiaries. - The Commissioner shall ensure that reports

provided pursuant to this section are, to the maximum extent

practicable, included with other reports currently provided to

beneficiaries on an annual basis.

"(d) Report to the Congress. - The Commissioner shall report to

each House of the Congress regarding the results of the pilot study

conducted pursuant to this section not later than 60 days after the

completion of such study."

TREATMENT OF EMPLOYEES WHOSE FEDERAL EMPLOYMENT TERMINATED AFTER

MAKING ELECTION INTO SOCIAL SECURITY COVERAGE BUT BEFORE EFFECTIVE

DATE OF ELECTION

Section 8014(b) of Pub. L. 100-647 provided that: "Subsections

(b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i), and

(g)(4)(A)(i) of section 202 of the Social Security Act (42 U.S.C.

402(b)(4)(A)(i), (c)(2)(A)(i), (e)(7)(A)(i), (f)(2)(A)(i),

(g)(4)(A)(i)) shall not apply with respect to monthly periodic

benefits of any individual based solely on service which was

performed while in the service of the Federal Government if -

"(1) such person made, before January 1, 1988, an election

pursuant to law to become subject to the Federal Employees'

Retirement System provided in chapter 84 of title 5, United

States Code, or the Foreign Service Pension System provided in

subchapter II of chapter 8 of title I of the Foreign Service Act

of 1980 [22 U.S.C. 4071 et seq.] (or such person made such an

election on or after January 1, 1988, and before July 1, 1988,

pursuant to regulations of the Office of Personnel Management

relating to belated elections and correction of administrative

errors (5 CFR 846.204) as in effect on the date of the enactment

of this Act [Nov. 10, 1988]), and

"(2) such service terminated before the date on which such

election became effective."

MONTHLY PAYMENTS TO SURVIVING SPOUSE OF MEMBER OR FORMER MEMBER OF

ARMED FORCES WHERE SUCH PERSON HAS IN CARE A CHILD OF SUCH MEMBER;

AMOUNT, CRITERIA, ETC.

Pub. L. 97-377, title I, Sec. 156, Dec. 21, 1982, 96 Stat. 1920,

as amended by Pub. L. 98-94, title IX, Sec. 943, Sept. 24, 1983, 97

Stat. 654; Pub. L. 100-322, title III, Sec. 314, May 20, 1988, 102

Stat. 535; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat.

406, provided that:

"(a)(1) The head of the agency shall pay each month an amount

determined under paragraph (2) to a person -

"(A) who is the surviving spouse of a member or former member

of the Armed Forces described in subsection (c);

"(B) who has in such person's care a child of such member or

former member who has attained sixteen years of age but not

eighteen years of age and is entitled to a child's insurance

benefit under section 202(d) of the Social Security Act (42

U.S.C. 402(d)) for such month or who meets the requirements for

entitlement to the equivalent of such benefit provided under

section 1312(a) of title 38, United States Code; and

"(C) who is not entitled for such month to a mother's insurance

benefit under section 202(g) of the Social Security Act (42

U.S.C. 402(g)), or to the equivalent of such benefit based on

meeting the requirements of section 1312(a) of title 38, United

States Code, by reason of having such child (or any other child

of such member or former member) in her care.

"(2) A payment under paragraph (1) for any month shall be in the

amount of the mother's insurance benefit, if any, that such person

would receive for such month under section 202(g) of the Social

Security Act [subsec. (g) of this section] if such child were under

sixteen years of age, disregarding any adjustments made under

section 215(i) of the Social Security Act [section 415(i) of this

title] after August 1981. However, if such person is entitled for

such month to a mother's insurance benefit under section 202(g) of

such Act by reason of having the child of a person other than such

member or former member of the Armed Forces in such person's care,

the amount of the payment under the preceding sentence for such

month shall be reduced (but not below zero) by the amount of the

benefit payable by reason of having such child in such person's

care.

"(b)(1) The head of the agency shall pay each month an amount

determined under paragraph (2) to a person -

"(A) who is the child of a member or former member of the Armed

Forces described in subsection (c);

"(B) who has attained eighteen years of age but not twenty-two

years of age and is not under a disability as defined in section

223(d) of the Social Security Act (42 U.S.C. 423(d));

"(C) who is a full-time student at a postsecondary school,

college, or university that is an educational institution (as

such terms were defined in section 202(d)(7)(A) and (C) of the

Social Security Act [subsec. (d)(7)(A) and (C) of this section]

as in effect before the amendments made by section 2210(a) of the

Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95

Stat. 841)); and

"(D) who is not entitled for such month to a child's insurance

benefit under section 202(d) of the Social Security Act (42

U.S.C. 402(d)) or is entitled for such month to such benefit only

by reason of section 2210(c) of the Omnibus Budget Reconciliation

Act of 1981 (95 Stat. 842) [section 2210(c) of Pub. L. 97-35, set

out below].

"(2) A payment under paragraph (1) for any month shall be in the

amount that the person concerned would have been entitled to

receive for such month as a child's insurance benefit under section

202(d) of the Social Security Act [subsec. (d) of this section] (as

in effect before the amendments made by section 2210(a) of the

Omnibus Budget Reconciliation Act of 1981 (95 Stat. 841) [section

2210(a) of Pub. L. 97-35]), disregarding any adjustments made under

section 215(i) of the Social Security Act [section 415(i) of this

title] after August 1981, but reduced for any month by any amount

payable to such person for such month under section 2210(c) of the

Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842).

"(c) A member or former member of the Armed Forces referred to in

subsection (a) or (b) as described in this subsection is a member

or former member of the Armed Forces who died on active duty before

August 13, 1981, or died from a service-connected disability

incurred or aggravated before such date.

"(d)(1) The Secretary of Health and Human Services shall provide

to the head of the agency such information as the head of the

agency may require to carry out this section.

"(2) The head of the agency shall carry out this section under

regulations which the head of the agency shall prescribe. Such

regulations shall be prescribed not later than ninety days after

the date of the enactment of this section [Dec. 21, 1982].

"(e)(1) Unless otherwise provided by law -

"(A) each time after December 31, 1981, that an increase is

made by law in the dependency and indemnity compensation paid

under section 1311 of title 38, United States Code, the head of

the agency shall, at the same time and effective as of the same

date on which such increase takes effect, increase the benefits

paid under subsection (a) by a percentage that is equal to the

overall average (rounded to the nearest one-tenth of 1 per

centum) of the percentages by which each of the dependency and

indemnity compensation rates under section 1311 of such title are

increased above the rates as in effect immediately before such

increase; and

"(B) each time after December 31, 1981, that an increase is

made by law in the rates of educational assistance allowances

provided for under section 3531(b) of title 38, United States

Code, the head of the agency shall, at the same time and

effective as of the same date on which such increase takes

effect, increase the benefits paid under subsection (b) by a

percentage that is equal to the overall average (rounded to the

nearest one-tenth of 1 per centum) of the percentages by which

each of the educational assistance allowance rates provided for

under section 3531(b) of such title are increased above the rates

as in effect immediately before such increase.

"(2) The amount of the benefit payable to any person under

subsection (a) or (b) and the amount of any increase in any such

benefit made pursuant to clause (1) or (2) of this subsection, if

not a multiple of $1, shall be rounded to the next lower multiple

of $1.

"(f) Payments under subsections (a) and (b) shall be made only

for months after the month in which this section is enacted.

"(g)(1) During each fiscal year the Secretary of Defense shall

transfer from time to time to the head of the agency such amounts

as the head of the agency determines to be necessary to pay the

benefits provided for under subsections (a) and (b) during such

fiscal year and to pay the administrative expenses incurred in

paying such benefits during such fiscal year. During fiscal year

1983, transfers under this subsection shall be made from the

'Retired Pay, Defense' account of the Department of Defense. During

subsequent fiscal years, such transfers shall be made from such

account or from funds otherwise available to the Secretary for the

purpose of the payment of such benefits and expenses. The Secretary

of Defense may transfer funds under this subsection in advance of

the payment of benefits and expenses by the head of the agency.

"(2) The head of the agency shall establish on the books of the

agency over which he exercises jurisdiction a new account to be

used for the payment of benefits under subsections (a) and (b) and

shall credit to such account all funds transferred to him for such

purpose by the Secretary of Defense.

"(h) The head of the agency and the Secretary of Health and Human

Services may enter into an agreement to provide for the payment by

the Secretary or the head of the agency of benefits provided for

under subsection (a) and benefits provided for under section 202(g)

of the Social Security Act (42 U.S.C. 402(g)) in a single monthly

payment and for the payment by the Secretary or the head of the

agency of benefits provided for under subsection (b) and benefits

provided for under section 202(d) of the Social Security Act (42

U.S.C. 402(d)) in a single monthly payment, if the head of the

agency and the Secretary agree that such action would be

practicable and cost effective to the Government.

"(i) For the purposes of this section:

"(1) The term 'head of the agency' means the head of such

department or agency of the Government as the President shall

designate to administer the provisions of this section.

"(2) The terms 'active military, naval, or air service' and

'service-connected' have the meanings given those terms in

paragraphs (24) and (16), respectively, of section 101 of title

38, United States Code, except that for the purposes of this

section such terms do not apply to any service in the

commissioned corps of the Public Health Service or the National

Oceanic and Atmospheric Administration."

CHILD'S INSURANCE BENEFITS; CONTINUED ELIGIBILITY OF CERTAIN

INDIVIDUALS; LIMITATIONS

Section 2210(c) of Pub. L. 97-35 provided that:

"(1) Notwithstanding the provisions of section 202(d) of the

Social Security Act [subsec. (d) of this section] (as in effect

prior to or after the amendments made by subsection (a)), any

individual who -

"(A) has attained the age of 18;

"(B) is not under a disability (as defined in section 223(d) of

such Act) [section 423(d) of this title];

"(C) is entitled to a child's insurance benefit under such

section 202(d) [subsec. (d) of this section] for August 1981; and

"(D) is a full-time student at a postsecondary school, college,

or university that is an educational institution (as such terms

are defined in section 202(d)(7)(A) and (C) of such Act as in

effect prior to the amendments made by subsection (a)) for any

month prior to May 1982;

shall be entitled to a child's benefit under section 202(d) of such

Act in accordance with the provisions of such section as in effect

prior to the amendments made by subsection (a) for any month after

July 1981 and prior to August 1985 if such individual would be

entitled to such child's benefit for such month under such section

202(d) if subsections (a) and (b) of this section [amending subsec.

(d) of this section and enacting a provision set out as a note

under this section] had not been enacted, but such benefits shall

be subject to the limitations set forth in this subsection.

"(2) No benefit described in paragraph (1) shall be paid to an

individual to whom paragraph (1) applies for the months of May,

June, July, and August, beginning with benefits otherwise payable

for May 1982.

"(3) The amount of the monthly benefit payable under paragraph

(1) to an individual to whom paragraph (1) applies for any month

after July 1982 (prior to deductions on account of work required by

section 203 of such Act) [section 403 of this title] shall not

exceed the amount of the benefit to which such individual was

entitled for August 1981 (prior to deductions on account of work

required by section 203 of such Act), less an amount -

"(A) during the months after July 1982 and before August 1983,

equal to 25 percent of such benefit for August 1981;

"(B) during the months after July 1983 and before August 1984,

equal to 50 percent of such benefit for August 1981; and

"(C) during the months after July 1984 and before August 1985,

equal to 75 percent of such benefit for August 1981.

"(4) Any individual to whom the provisions of paragraph (1) apply

and whose entitlement to benefits under paragraph (1) ends after

July 1982 shall not subsequently become entitled, or reentitled, to

benefits under paragraph (1) or under section 202(d) of the Social

Security Act [subsec. (d) of this section] as in effect after the

amendments made by subsection (a) unless he meets the requirements

of section 202(d)(1)(B)(ii) of that Act as so in effect."

NONAPPLICABILITY OF AMENDMENTS BY SECTION 334 OF PUB. L. 95-216 TO

MONTHLY INSURANCE BENEFITS PAYABLE TO INDIVIDUALS ELIGIBLE FOR

MONTHLY PERIODIC BENEFITS; SAVINGS PROVISION

Section 334(g) of Pub. L. 95-216, as amended by Pub. L. 98-617,

Sec. 2(b)(1), Nov. 8, 1984, 98 Stat. 3294, provided that:

"(1) The amendments made by the preceding provisions of this

section [see section 334(f) of Pub. L. 95-216, set out as an

Effective Date of 1977 Amendment note above] shall not apply with

respect to any monthly insurance benefit payable, under subsection

(b), (c), (e), (f), or (g) (as the case may be) of section 202 of

the Social Security Act [this section], to an individual -

"(A)(i) to whom there is payable for any month within the

60-month period beginning with the month in which this Act

[December 1977] is enacted (or who is eligible in any such month

for) a monthly periodic benefit (within the meaning of such

provisions) based upon such individual's earnings while in the

service of the Federal Government or any State (or political

subdivision thereof, as defined in section 218(b)(2) of the

Social Security Act) [section 418(b)(2) of this title], or (ii)

who would have been eligible for such a monthly periodic benefit

(within the meaning of paragraph (2)) before the close of such

60-month period, except for a requirement which postponed

eligibility (as so defined) for such monthly periodic benefit

until the month following the month in which all other

requirements were met; and

"(B) who at time of application for or initial entitlement to

such monthly insurance benefit under such subsection (b), (c),

(e), (f), or (g) meets the requirements of that subsection as it

was in effect and being administered in January 1977.

"(2) For purposes of paragraph (1)(A), an individual is eligible

for a monthly periodic benefit for any month if such benefit would

be payable to such individual for that month if such individual

were not employed during that month and had made proper application

for such benefit.

"(3) If any provision of this subsection, or the application

thereof to any person or circumstance, is held invalid, the

remainder of this section shall not be affected thereby, but the

application of this subsection to any other persons or

circumstances shall also be considered invalid."

[Section 2(b)(3) of Pub. L. 98-617 provided that: "The amendments

made by this subsection [amending above note and provisions set out

as an Offset Against Spouses' Benefits on Account of Public

Pensions note below] shall apply with respect to benefits payable

under title II of the Social Security Act [this subchapter] for

months beginning after the month of enactment of this Act [November

1984]."]

OFFSET AGAINST SPOUSES' BENEFITS ON ACCOUNT OF PUBLIC PENSIONS

Section 334(h) of Pub. L. 95-216, as added by Pub. L. 97-455,

Sec. 7(a)(1), Jan. 12, 1983, 96 Stat. 2501, and amended by Pub. L.

98-617, Sec. 2(b)(2), Nov. 8, 1984, 98 Stat. 3294, provided that:

"In addition, the amendments made by the preceding provisions of

this section [see section 334(f) of Pub. L. 95-216, set out as an

Effective Date of 1977 Amendment note above] shall not apply with

respect to any monthly insurance benefit payable, under subsection

(b), (c), (e), (f), or (g) (as the case may be) of section 202 of

the Social Security Act [this section], to an individual -

"(1)(A) to whom there is payable for any month prior to July

1983 (or who is eligible in any such month for) a monthly

periodic benefit (within the meaning of such provisions) based

upon such individual's earnings while in the service of the

Federal Government or any State (or political subdivision

thereof, as defined in section 218(b)(2) of the Social Security

Act [section 418(b)(2) of this title]), or (B) who would have

been eligible for such a monthly periodic benefit (within the

meaning of subsection (g)(2) [set out as a note above]) before

the close of June 1983, except for a requirement which postponed

eligibility (as so defined) for such monthly periodic benefit

until the month following the month in which all other

requirements were met; and

"(2) who at the time of application for or initial entitlement

to such monthly insurance benefit under such subsection (b), (c),

(e), (f), or (g) -

"(A) meets the dependency test of one-half support set forth

in paragraph (1)(C) of such subsection (c) as it read prior to

the enactment of the amendments made by this section [see

section 334(f) of Pub. L. 95-216, set out as an Effective Date

of 1977 Amendment note above], or an equivalent dependency test

(if the individual is a woman), in the case of an individual

applying for or becoming entitled to benefits under such

subsection (b) or (c), or

"(B) meets the dependency test of one-half support set forth

in paragraph (1)(D) of such subsection (f) as it read prior to

the enactment of the amendments made by this section, or an

equivalent dependency test (if the individual is a woman), in

the case of an individual applying for or becoming entitled to

benefits under such subsection (e), (f), or (g)."

REDETERMINATION OF WIDOW'S AND WIDOWER'S MONTHLY INSURANCE BENEFITS

FOR MONTHS AFTER DECEMBER 1978

Section 336(c)(2) of Pub. L. 95-216 provided that: "In the case

of an individual who was entitled for the month of December 1978 to

monthly insurance benefits under subsection (e) or (f) of section

202 of the Social Security Act [subsec. (e) or (f) of this section]

to which the provisions of subsection (e)(4) or (f)(5) applied, the

Secretary shall, if such benefits would be increased by the

amendments made by this section [amending this section] redetermine

the amount of such benefits for months after December 1978 as if

such amendments had been in effect for the first month for which

the provisions of section 202(e)(4) or 202(f)(5) became

applicable."

MINIMUM MONTHLY INSURANCE BENEFITS FOR MONTHS AFTER DECEMBER 1978,

FOR WIDOW OR WIDOWER AND OTHER JOINTLY ENTITLED INDIVIDUALS

Section 336(d) of Pub. L. 95-216 provided that: "Where -

"(1) two or more persons are entitled to monthly benefits under

section 202 of the Social Security Act [this section] for

December 1978 on the basis of the wages and self-employment

income of a deceased individual, and one or more of such persons

is so entitled under subsection (e) or (f) of such section 202

[subsec. (e) or (f) of this section], and

"(2) one or more of such persons is entitled on the basis of

such wages and self-employment income to monthly benefits under

subsection (e) or (f) of such section 202 (as amended by this

section) for January 1979, and

"(3) the total of benefits to which all persons are entitled

under section 202 of such Act on the basis of such wages and

self-employment income for January 1979 is reduced by reason of

section 203(a) of such Act as amended by this Act [section 403(a)

of this title] (or would, but for the first sentence of section

203(a)(4), be so reduced),

then the amount of the benefit to which each such person referred

to in paragraph (1) is entitled for months after December 1978

shall in no case be less after the application of this section [see

section 336(c)(1) of Pub. L. 95-216, set out as an Effective Date

of 1977 Amendment note under this section] and such section 203(a)

[section 403(a) of this title] than the amount it would have been

without the application of this section."

TERMINATION OF SPECIAL $50 PAYMENTS UNDER TAX REDUCTION ACT OF 1975

Pub. L. 95-30, title IV, Sec. 406, May 23, 1977, 91 Stat. 156,

provided that: "Notwithstanding the provisions of section 702(a) of

the Tax Reduction Act of 1975 [see Pub. L. 94-12, Sec. 702, set out

as a note under this section], no payment shall, after the date of

the enactment of this Act [May 23, 1977], be made under that

section."

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975

Pub. L. 94-12, title VII, Sec. 702, Mar. 29, 1975, 89 Stat. 66,

provided that the Secretary of the Treasury, at the earliest

practicable date after Mar. 29, 1975, make a $50 payment to each

individual, who for the month of March, 1975, was entitled, without

regard to section 402(j)(1) or 423(b) of this title or section

231d(a)(ii) of Title 45, Railroads, to a monthly insurance benefit

payable under this subchapter, a monthly annuity or pension payment

under the Railroad Retirement Act of 1935, the Railroad Retirement

Act of 1937, or the Railroad Retirement Act of 1974, or a benefit

under the supplemental security income benefits program under

subchapter XVI of this title, except that payment be made only to

individuals who were paid a benefit for March 1975 in a check

issued no later than Aug. 31, 1975, that no payment be made to any

individual who is not a resident of the United States as defined in

section 410(i) of this title, and if an individual is entitled

under two or more programs, this individual receive only one $50

payment, and that this payment received not be considered as

income, or for the calendar year 1975, as a resource, for purposes

of any Federal or State program which undertakes to furnish aid or

assistance to individuals or families, where eligibility for the

program is based upon need of the individual or family involved or

as income for federal income tax purposes.

MARCH THROUGH MAY 1974 MONTHLY INSURANCE BENEFIT FOR ONLY

INDIVIDUAL ENTITLED TO BENEFIT ON BASIS OF WAGES AND

SELF-EMPLOYMENT INCOME OF DECEASED INDIVIDUAL

Section 1(i) of Pub. L. 93-233 provided that: "In the case of an

individual to whom monthly benefits are payable under title II of

the Social Security Act [this subchapter] for February 1974

(without the application of section 202(j)(1) or 223(b) of such Act

[subsec. (j)(1) of this section or section 423(b) of this title]),

and to whom section 202(m) of such Act [subsec. (m) of this

section] is applicable for such month, such section shall continue

to be applicable to such benefits for the months of March through

May 1974 for which such individual remains the only individual

entitled to a monthly benefit on the basis of the wages and

self-employment income of the deceased insured individual."

COST-OF-LIVING INCREASE IN SOCIAL SECURITY BENEFITS; EFFECTIVE

DATE; CONSUMER PRICE INDEX PERCENTAGE

Section 201 of Pub. L. 93-66, as amended by Pub. L. 93-233, Sec.

1(a)-(e), Dec. 30, 1973, 87 Stat. 947, provided that:

"(a)(1) The Secretary of Health, Education, and Welfare [now

Health and Human Services] (hereinafter in this section referred to

as the 'Secretary') shall, in accordance with the provisions of

this section, increase the monthly benefits and lump-sum death

payments payable under title II of the Social Security Act [this

subchapter] by 7 per centum.

"(2) The provisions of this section (and the increase in benefits

made hereunder) shall be effective, in the case of monthly benefits

under title II of the Social Security Act [this subchapter] only

for months after February 1974 and prior to June 1974, and, in the

case of lump-sum death payments under such title [this subchapter],

only with respect to deaths which occur after February 1974 and

prior to June 1974.

"(b) The increase in social security benefits authorized under

this section shall be provided, and any determinations by the

Secretary in connection with the provision of such increase in

benefits shall be made, in the manner prescribed in section 215(i)

of the Social Security Act [section 415(i) of this title] for the

implementation of cost-of-living increases authorized under title

II of such Act [this subchapter] except that -

"(1) the amount of such increase shall be 7 per centum,

"(2) in the case of any individual entitled to monthly

insurance benefits payable pursuant to section 202(e) of such Act

[subsec. (e) of this section] for February 1974 (without the

application of section 202(j)(1) or 223(b) of such Act [subsec.

(j)(1) of this section or section 423(f) of this title]),

including such benefits based on a primary insurance amount

determined under section 215(a)(3) of such Act [section 415(a)(3)

of this title] as amended by this section, such increase shall be

determined without regard to paragraph (2)(B) of such section

202(e), and

"(3) in the case of any individual entitled to monthly

insurance benefits payable pursuant to section 202(f) of such Act

for February 1974 (without the application of section 202(j)(1)

or 223(b) of such Act), including such benefits based on a

primary insurance amount determined under section 215(a)(3) of

such Act as amended by this section, such increase shall be

determined without regard to paragraph (3)(B) of such section

202(f).

"(c) The increase in social security benefits provided by this

section shall -

"(1) not be considered to be an increase in benefits made under

or pursuant to section 215(i) of the Social Security Act [section

415(i) of this title], and

"(2) not (except for purposes of section 203(a)(2) of such Act

[section 403(a)(2) of this title], as in effect after February

1974) be considered to be a 'general benefit increase under this

title' [this subchapter] (as such term is defined in section

215(i)(3) of such Act) [section 415(i)(3) of this title];

and nothing in this section shall be construed as authorizing any

increase in the 'contribution and benefit base' (as that term is

employed in section 230 of such Act) [section 430 of this title],

or any increase in the 'exempt amount' (as such term is used in

section 203(f)(8) of such Act [section 403(f)(8) of this title]).

"(d) Nothing in this section shall be construed to authorize

(directly or indirectly) any increase in monthly benefits under

title II of the Social Security Act [this subchapter] for any month

after May 1974, or any increase in lump-sum death payments payable

under such title in the case of deaths occurring after May 1974.

The recognition of the existence of the increase in benefits

authorized by the preceding subsections of this section (during the

period it was in effect) in the application, after May 1974, of the

provisions of sections 202(q) and 203(a) of such Act [subsec. (q)

of this section and section 403(a) of this title] shall not, for

purposes of the preceding sentence, be considered to be an increase

in a monthly benefit for a month after May 1974."

REDETERMINATION OF WIDOW'S AND WIDOWER'S BENEFITS FOR DECEMBER 1972

AND AFTER TO PROVIDE FOR 1972 INCREASES

Section 102(g) of Pub. L. 92-603 provided that:

"(1) In the case of an individual who is entitled to widow's or

widower's insurance benefits for the month of December 1972 the

Secretary shall, if it would increase such benefits, redetermine

the amount of such benefits for months after December 1972 under

title II of the Social Security Act [this subchapter] as if the

amendments made by this section [amending this section and section

403 of this title] had been in effect for the first month of such

individual's entitlement to such benefits.

"(2) For purposes of paragraph (1) -

"(A) any deceased individual on whose wages and self-employment

income the benefits of an individual referred to in paragraph (1)

are based, shall be deemed not to have been entitled to benefits

if the record, of insured individuals who were entitled to

benefits, that is readily available to the Secretary contains no

entry for such deceased individual; and

"(B) any deductions under subsections (b) and (c) of section

203 of such Act [section 403 of this title], applicable to the

benefits of an individual referred to in paragraph (1) for any

month prior to September 1965, shall be disregarded in applying

the provisions of section 202(q)(7) of such Act [subsec. (q)(7)

of this section] (as amended by this Act) [Pub. L. 92-603]."

ADJUSTMENT OF BENEFITS BASED ON DISABILITY WHICH BEGAN BETWEEN AGE

18 AND 22

Section 108(g) of Pub. L. 92-603 provided that: "Where -

"(1) one or more persons are entitled (without the application

of sections 202(j)(1) and 223(b) of the Social Security Act)

[subsec. (j)(1) of this section and section 423(b) of this title]

to monthly benefits under section 202 or 223 of such Act for

December 1972 on the basis of the wages and self-employment

income of an insured individual, and

"(2) one or more persons (not included in paragraph (1)) are

entitled to monthly benefits under such section 202 or 223 [this

section or section 423 of this title] for January 1973 solely by

reason of the amendments made by this section on the basis of

such wages and self-employment income, and

"(3) the total of benefits to which all persons are entitled

under such sections 202 and 223 [this section and section 423 of

this title] on the basis of such wages and self-employment income

for January 1973 is reduced by reason of section 203(a) of such

Act [section 403(a) of this title] as amended by this Act, or

would, but for the penultimate sentence of such section 203(a),

be so reduced),

then the amount of the benefit to which each person referred to in

paragraph (1) of this subsection is entitled for months after

December 1972 shall be adjusted, after the application of such

section 203(a) [section 403(a) of this title], to an amount no less

than the amount it would have been if the person or persons

referred to in paragraph (2) of this subsection were not entitled

to a benefit referred to in such paragraph (2)."

TERMINATION OF CHILD'S INSURANCE BENEFITS BY REASON OF ADOPTION

Section 112(c) of Pub. L. 92-603 provided that: "Any child -

"(1) whose entitlement to child's insurance benefits under

section 202(d) of the Social Security Act [subsec. (d) of this

section] was terminated by reason of his adoption, prior to the

date of the enactment of this Act [Oct. 30, 1972], and

"(2) who, except for such adoption, would be entitled to

child's insurance benefits under such section for a month after

the month in which this Act is enacted [October 1972],

may, upon filing application for child's insurance benefits under

the Social Security Act after the date of enactment of this Act,

become reentitled to such benefits; except that no child shall, by

reason of the enactment of this section, become reentitled to such

benefits for any month prior to the month after the month in which

this Act is enacted."

SAVINGS PROVISION

1972 - Section 102(h) of Pub. L. 92-603 provided that: "Where -

"(1) two or more persons are entitled to monthly benefits under

section 202 of the Social Security Act [this section] for

December 1972 on the basis of the wages and self-employment

income of a deceased individual, and one or more of such persons

is so entitled under subsection (e) or (f) of such section 202,

and

"(2) one or more of such persons is entitled on the basis of

such wages and self-employment income to monthly benefits under

subsection (e) or (f) of such section 202 (as amended by this

section) for January 1973, and

"(3) the total of benefits to which all persons are entitled

under section 202 of such Act [this section] on the basis of such

wages and self-employment income for January 1973 is reduced by

reason of section 203(a) of such Act [section 403(a) of this

title], as amended by this Act (or would, but for the penultimate

sentence of such section 203(a), be so reduced),

then the amount of the benefit to which each such person referred

to in paragraph (1) is entitled for months after December 1972

shall in no case be less after the application of this section and

such section 203(a) than the amount it would have been without the

application of this section."

Section 114(e) of Pub. L. 92-603 provided that: "Where -

"(1) one or more persons are entitled (without the application

of sections 202(j)(1) and 223(b) of the Social Security Act)

[subsec. (j)(1) of this section and section 423(b) of this title]

to monthly benefits under section 202 or 223 of such Act for

December 1972 on the basis of the wages and self-employment

income of an insured individual, and

"(2) one or more persons (not included in paragraph (1)) are

entitled to monthly benefits under such section 202(g) as a

surviving divorced mother (as defined in section 216(d)(3)

[section 416(d)(3) of this title]) for a month after December

1972 on the basis of such wages and self-employment income, and

"(3) the total of benefits to which all persons are entitled

under such section 202 and 223 [this section and section 423 of

this title] on the basis of such wages and self-employment income

for any month after December 1972 is reduced by reason of section

203(a) of such Act [section 403(a) of this title] as amended by

this Act (or would, but for the penultimate sentence of such

section 203(a), be so reduced)

then the amount of the benefit to which each person referred to in

paragraph (1) of this subsection is entitled beginning with the

first month after December 1972 for which any person referred to in

paragraph (2) becomes entitled shall be adjusted, after the

application of such section 203(a), to an amount no less than the

amount it would have been if the person or persons referred to in

paragraph (2) of this subsection were not entitled to a benefit

referred to in such paragraph (2)."

1961 - Section 104(f) of Pub. L. 87-64 provided that: "Where -

"(1) two or more persons were entitled (without the application

of subsection (j)(1) of section 202 of the Social Security Act

[subsec. (j)(1) of this section]) to monthly benefits under such

section 202 for the last month beginning before the effective

date of this title [see Effective Date of 1961 Amendment note set

out above] on the basis of the wages and self-employment income

of a deceased individual, and one or more of such persons is

entitled to a monthly insurance benefit under subsection (e),

(f), or (h) of such section 202 for such last month; and

"(2) no person, other than the persons referred to in paragraph

(1) of this subsection, is entitled to benefits under such

section 202 on the basis of such individual's wages and

self-employment income for a subsequent month or for any month

after such last month and before such subsequent month; and

"(3) the total of the benefits to which all persons are

entitled under such section 202 on the basis of such individual's

wages and self-employment income for such subsequent month is

reduced by reason of the application of section 203(a) of such

Act [section 403(a) of this title],

then the amount of the benefit to which each such person referred

to in paragraph (1) of this subsection is entitled for such

subsequent month shall be determined without regard to this Act if,

after the application of this Act, such benefit for such month is

less than the amount of such benefit for such last month. The

preceding provisions of this subsection shall not apply to any

monthly benefit of any person for any month beginning after the

effective date of this title [see Effective Date note of 1961

Amendment note set out above] unless paragraph (3) also applies to

such benefit for the month beginning on such effective date (or

would so apply but for the next to the last sentence of section

203(a) of the Social Security Act)."

1960 - Section 208(e) of Pub. L. 86-778 provided that: "Where -

"(1) one or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [subsec. (j)(1)

of this section]) to monthly benefits under section 202 of such

Act for the month before the month in which this Act is enacted

[September 1960] on the basis of the wages and self-employment

income of an individual; and

"(2) any person is entitled to benefits under subsection (b),

(c), (d), (e), (f), or (g) of section 202 of the Social Security

Act for any subsequent month on the basis of such individual's

wages and self-employment income and such person would not be

entitled to such benefits but for the enactment of this section;

and

"(3) the total of the benefits to which all persons are

entitled under section 202 of the Social Security Act on the

basis of such individual's wages and self-employment income for

such subsequent month is reduced by reason of the application of

section 203(a) of such Act [section 403(a) of this title],

then the amount of the benefit to which each person referred to in

paragraph (1) of this subsection is entitled for such subsequent

month shall not, after the application of such section 203(a), be

less than the amount it would have been (determined without regard

to section 301 [section 501 of this title]) if no person referred

to in paragraph (2) of this subsection was entitled to a benefit

referred to in such paragraph for such subsequent month on the

basis of such wages and self-employment income of such individual."

Section 301(c) of Pub. L. 86-778 provided that: "Where -

"(1) one or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [subsec. (j)(1)

of this section]) to monthly benefits under section 202 of such

Act for the second month following the month in which this Act is

enacted [September 1960] on the basis of the wages and

self-employment income of a deceased individual (but not

including any person who became so entitled by reason of section

208 of this Act [section 408 of this title]); and

"(2) no person, other than (i) those persons referred to in

paragraph (1) of this subsection (ii) those persons who are

entitled to benefits under section 202(d), (e), (f), or (g) of

the Social Security Act but would not be so entitled except for

the enactment of section 208 of this Act [section 408 of this

title], is entitled to benefits under such section 202 [this

section] on the basis of such individual's wages and

self-employment income for any subsequent month or for any month

after the second month following the month in which this Act is

enacted [September 1960] and prior to such subsequent month; and

"(3) the total of the benefits to which all persons referred to

in paragraph (1) of this subsection are entitled under section

202 of the Social Security Act on the basis of such individual's

wages and self-employment income for such subsequent month

exceeds the maximum of benefits payable, as provided in section

203(a) of such Act [section 403(a) of this title], on the basis

of such wages and self-employment income,

then the amount of the benefit to which each such person referred

to in paragraph (1) of this subsection is entitled for such

subsequent month shall be determined -

"(4) in case such person is entitled to benefits under section

202(e), (f), (g), or (h), as though this section and section 208

[section 408 of this title] had not been enacted, or

"(5) in case such person is entitled to benefits under section

202(d), as though (i) no person is entitled to benefits under

section 202(e), (f), (g), or (h) for such subsequent month, and

(ii) the maximum of benefits payable, as described in paragraph

(3), is such maximum less the amount of each person's benefit for

such month determined pursuant to paragraph (4)."

1958 - Section 304(b) of Pub. L. 85-840 provided that: "Where -

"(1) one or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [subsec. (j)(1)

of this section]) to monthly benefits under section 202 of such

Act for the month in which this Act is enacted [August 1958] on

the basis of the wages and self-employment income of an

individual; and

"(2) a person is entitled to a parent's insurance benefit under

section 202(h) of the Social Security Act for any subsequent

month on the basis of such wages and self-employment income and

such person would not be entitled to such benefit but for the

enactment of this section; and

"(3) the total of the benefits to which all persons are

entitled under section 202 of the Social Security Act on the

basis of such wages and self-employment income for such

subsequent month are reduced by reason of the application of

section 203(a) of such Act [section 403(a) of this title].

then the amount of the benefit to which each such person referred

to in paragraph (1) of this subsection is entitled for such

subsequent month shall be increased, after the application of such

section 203(a), to the amount it would have been if no person

referred to in paragraph (2) of this subsection was entitled to a

parent's insurance benefit for such subsequent month on the basis

of such wages and self-employment income."

1957 - Section 5 of Pub. L. 85-238 provided that: "Where -

"(a) one or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [subsec. (j)(1)

of this section]) to parent's insurance benefits under section

202(h) of such Act for the month in which this Act [August 1957]

is enacted on the basis of the wages and self-employment income

of an individual;

"(b) a person becomes entitled to a widow's, widower's or

mother's insurance benefit under section 202(e), (f), or (g) of

the Social Security Act for any subsequent month on the basis of

such wages and self-employment income;

"(c) the total of the benefits to which all persons are

entitled under section 202 of the Social Security Act, on the

basis of such wages and self-employment income for such

subsequent month are reduced by reason of the application of

section 203(a) of such Act [section 403(a) of this title];

then the amount of the benefit to which each such person referred

to in paragraph (a) or (b) is entitled for such subsequent month

shall be increased, after the application of such section 203(a),

to the amount it would have been -

"(d) if, in the case of a parent's insurance benefit, the

person referred to in paragraph (b) was not entitled to the

benefit referred to in such paragraph, or

"(e) if, in the case of a benefit referred to in paragraph (b),

no person was entitled to a parent's insurance benefit for such

subsequent month on the basis of such wages and self-employment

income."

FILING OF PROOF OF SUPPORT

1968 - Section 157(c) of Pub. L. 90-248 provided that: "In the

case of any husband who would not be entitled to husband's

insurance benefits under section 202(c) of the Social Security Act

[subsec. (c) of this section] or any widower who would not be

entitled to widower's insurance benefits under section 202(f) of

such Act except for the enactment of this section, the requirement

in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the

time within which proof of support must be filed shall not apply if

such proof of support is filed within two years after the month

following the month in which this Act is enacted [January 1968]."

1961 - Section 103(c) of title I of Pub. L. 87-64 provided that:

"In the case of any widower or parent who would not be entitled to

widower's insurance benefits under section 202(f) [subsec. (f) of

this section], or parent's insurance benefits under section 202(h),

of the Social Security Act except for the enactment of this Act

(other than this subsection), the requirement in sections

202(f)(1)(D) and 202(h)(1)(B), respectively, of the Social Security

Act relating to the time within which proof of support must be

filed shall not apply if such proof of support is filed before the

close of the 2-year period which begins on the effective date of

this title [see Effective Date of 1961 Amendment note set out

above]."

1958 - Section 207(b) of Pub. L. 85-840 provided that: "In the

case of any husband, widower, or parent who would not be entitled

to benefits under section 202(c), section 202(f), and section

202(h), respectively, of the Social Security Act [subsecs. (c),

(f), and (h) of this section] except for the enactment of section

205 of this Act [amending this section and sections 401, 403, 414,

415, 422, and 425 of this title], the requirement in such section

202(c), section 202(f), or section 202(h), as the case may be, that

proof of support be filed within a two-year period shall not apply

if such proof is filed within two years after the month in which

this Act is enacted [August 1958]."

Section 304(c) of Pub. L. 85-840 provided that: "In the case of

any parent who would not be entitled to parent's benefits under

section 202(h) of the Social Security Act [subsec. (h) of this

section] except for the enactment of this section, the requirement

in such section 202(h) that proof of support be filed within two

years of the date of death of the insured individual referred to

therein shall not apply if such proof is filed within the two-year

period beginning with the first day of the month after the month in

which this Act is enacted [August 1958]."

1954 - Section 113 of act Sept. 1, 1954, provided that:

"(a) For the purpose of determining the entitlement of any

individual to husband's insurance benefits under subsection (c) of

section 202 of the Social Security Act [subsec. (c) of this

section] on the basis of his wife's wages and self-employment

income, the requirements of paragraph (1)(D) of such subsection

shall be deemed to be met if -

"(1) such individual was receiving at least one-half of his

support, as determined in accordance with regulations prescribed

by the Secretary of Health, Education, and Welfare, from his wife

on the first day of the first month (A) for which she was

entitled to a monthly benefit under subsection (a) of such

section 202, and (B) in which an event described in paragraph (1)

or (2) of section 203(b) of such Act [section 403(b) of this

title] (as in effect before or after the enactment of this Act

[Sept. 1, 1954]) did not occur.

"(2) such individual has filed proof of such support within two

years after such first month, and

"(3) such wife was, without the application of subsection

(j)(1) of such section 202, entitled to a primary insurance

benefit under such Act for August 1950.

"(b) For the purpose of determining the entitlement of any

individual to widower's insurance benefits under subsection (f) of

section 202 of the Social Security Act on the basis of his deceased

wife's wages and self-employment income, the requirements of

paragraph (1)(E)(ii) of such subsection shall be deemed to be met

if -

"(1) such individual was receiving at least one-half of his

support, as determined in accordance with regulations prescribed

by the Secretary of Health, Education, and Welfare, from his

wife, and she was a currently insured individual, on the first

day of the first month (A) for which she was entitled to a

monthly benefit under subsection (a) of such section 202, and (B)

in which an event described in paragraph (1) or (2) of section

203(b) of such Act (as in effect before or after the enactment of

this Act [Sept. 1, 1954]) did not occur.

"(2) such individual has filed proof of such support within two

years after such first month, and

"(3) such wife was, without the application of subsection

(j)(1) of such section 202, entitled to a primary insurance

benefit under such Act for August 1950.

"(c) For purposes of subsection (b)(1) of this section, and for

purposes of section 202(c)(1) of the Social Security Act in cases

to which subsection (a) of this section is applicable, the wife of

an individual shall be deemed a currently insured individual if she

had not less than six quarters of coverage (as determined under

section 213 of the Social Security Act) [section 413 of this title]

during the thirteen-quarter period ending with the calendar quarter

in which occurs the first month (1) for which such wife was

entitled to a monthly benefit under section 202(a) of such Act, and

(2) in which an event described in paragraph (1) or (2) of section

203(b) of such Act (as in effect before or after the enactment of

this Act [Sept. 1, 1954]) did not occur.

"(d) This section shall apply only with respect to husband's

insurance benefits under section 202(c) of the Social Security Act

[subsec. (c) of this section], and widower's insurance benefits

under section 202(f) of such Act [subsec. (f) of this section], for

months after August 1954, and only with respect to benefits based

on applications filed after such month."

1950 - Section 101(c) of act Aug. 28, 1950, provided that:

"(1) Any individual entitled to primary insurance benefits or

widow's current insurance benefits under section 202 of the Social

Security Act [this section] as in effect prior to its amendment by

this Act who would, but for the enactment of this Act, be entitled

to such benefits for September 1950 shall be deemed to be entitled

to old-age insurance benefits or mother's insurance benefits (as

the case may be) under section 202 of the Social Security Act, as

amended by this Act, as though such individual became entitled to

such benefits in such month.

"(2) Any individual entitled to any other monthly insurance

benefits under section 202 of the Social Security Act as in effect

prior to its amendment by this Act who would, but for the enactment

of this Act, be entitled to such benefits for September 1950 shall

be deemed to be entitled to such benefits under section 202 of the

Social Security Act, as amended by this Act, as though such

individual became entitled to such benefits in such month.

"(3) Any individual who files application after August 1950 for

monthly benefits under any subsection of section 202 of the Social

Security Act who would, but for the enactment of this Act, be

entitled to benefits under such subsection (as in effect prior to

such enactment) for any month prior to September 1950 shall be

deemed entitled to such benefits for such month prior to September

1950 to the same extent and in the same amounts as though this Act

had not been enacted."

EXTENSION OF FILING PERIOD FOR HUSBAND'S, WIDOWER'S, OR PARENT'S

BENEFITS IN CERTAIN CASES

Section 210 of Pub. L. 86-778 provided that:

"(a) In the case of any husband who would not be entitled to

husband's insurance benefits under section 202(c) of the Social

Security Act [subsec. (c) of this section] except for the enactment

of this Act, the requirement in section 202(c)(1)(C) of the Social

Security Act relating to the time within which proof of support

must be filed shall not apply if such proof of support is filed

within two years after the month in which this Act is enacted

[September 1960].

"(b) In the case of any widower who would not be entitled to

widower's insurance benefits under section 202(f) of the Social

Security Act except for the enactment of this Act, the requirement

in section 202(f)(1)(D) of the Social Security Act relating to the

time within which proof of support must be filed shall not apply if

such proof of support is filed within two years after the month in

which this Act is enacted.

"(c) In the case of any parent who would not be entitled to

parent's insurance benefits under section 202(h) of the Social

Security Act except for the enactment of this Act, the requirement

in section 202(h)(1)(B) of the Social Security Act relating to the

time within which proof of support must be filed shall not apply if

such proof of support is filed within two years after the month in

which this Act is enacted."

DISREGARDING OASDI BENEFIT INCREASES AND CHILD'S INSURANCE BENEFIT

PAYMENTS BEYOND AGE 18 TO THE EXTENT ATTRIBUTABLE TO RETROACTIVE

EFFECTIVE DATE OF 1965 AMENDMENTS

Authorization to disregard, in determining need for aid or

assistance under an approved State plan, amounts paid under this

subchapter for months occurring after December 1964 and before

October 1965 to the extent to which payment is attributable to the

payment of child's insurance benefits under the old-age, survivors,

and disability insurance system after attainment of age 18, in the

case of individuals attending school, resulting from enactment of

section 306 of Pub. L. 89-97, see section 406 of Pub. L. 89-97, set

out as a note under section 415 of this title.

LUMP-SUM PAYMENTS WHERE DEATH OCCURRED PRIOR TO SEPTEMBER 1, 1950

Section 101(d) of act Aug. 28, 1950, as amended July 18, 1952,

ch. 945, Sec. 5(e)(1), 66 Stat. 775; Sept. 13, 1960, Pub. L.

86-778, title I, Sec. 103(a)(2), 74 Stat. 936, provided that:

"Lump-sum death payments shall be made in the case of individuals

who died prior to September 1950 as though this Act had not been

enacted; except that in the case of any individual who died outside

the forty-eight States and the District of Columbia after December

6, 1941, and prior to August 10, 1946, the last sentence of section

202(g) of the Social Security Act [subsec. (g) of this section] as

in effect prior to the enactment of this Act shall not be

applicable if application for a lump-sum death payment is filed

prior to September 1952, and except that in the case of any

individual who died outside the forty-eight States and the District

of Columbia on or after June 25, 1950, and prior to September 1950,

whose death occurred while he was in the active military or naval

service of the United States, and who is returned to any of such

States, the District of Columbia, Alaska, Hawaii, the Commonwealth

of Puerto Rico, the Virgin Islands, Guam, or American Samoa for

interment or reinterment, the last sentence of section 202(g) of

the Social Security Act as in effect prior to the enactment of this

Act [July 18, 1952] shall not prevent payment to any person under

the second sentence thereof if application for a lump-sum death

payment under such section with respect to such deceased individual

is filed by or on behalf of such person (whether or not legally

competent) prior to the expiration of two years after the date of

such interment or reinterment."

LUMP-SUM PAYMENTS FOR DEATHS BEFORE 1940; TIME LIMITATION

Lump-sum payments of 3 1/2 percent of total wages paid with

respect to employment after Dec. 31, 1936 and before reaching the

age of 65 were provided for persons who were not qualified

individuals upon reaching that age by section 204 of act Aug. 14,

1935, before amendment in 1939. Such lump-sum payments, except to

the estate of an individual who died prior to Jan. 1, 1940, were

prohibited after Aug. 10, 1939, by section 902(g) of act Aug. 10,

1939. Section 415 of act Aug. 10, 1946, provided that no lump-sum

payments shall be made under section 204 of the 1935 act or section

902(g) of the 1939 act unless application therefor has been filed

prior to the expiration of six months after Aug. 10, 1946.

DEATH OUTSIDE U.S.; EXTENSION OF FILING TIME FOR LUMP-SUM PAYMENTS

Section 5(e)(2) of act July 18, 1952, ch. 945, 66 Stat. 775, as

amended by Pub. L. 86-778, title I, Sec. 103(a)(2), Sept. 13, 1960,

74 Stat. 936, provided that: "In the case of any individual who

died outside the forty-eight States and the District of Columbia

after August 1950 and prior to January 1954, whose death occurred

while he was in the active military or naval service of the United

States, and who is returned to any of such States, the District of

Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the

Virgin Islands, Guam, or American Samoa for interment or

reinterment, the last sentence of section 202(i) of the Social

Security Act [subsec. (i) of this section] shall not prevent

payment to any person under the second sentence thereof if

application for a lump-sum death payment with respect to such

deceased individual is filed under such section by or on behalf of

such person (whether or not legally competent) prior to the

expiration of two years after the date of such interment or

reinterment."

PAYMENT OF ANNUITIES TO OFFICERS AND EMPLOYEES OF THE UNITED STATES

CONVICTED OF CERTAIN OFFENSES

Section 121(b) of act Aug. 1, 1956, ch. 836, provided that: "The

amendment made by subsection (a) of this section [amending this

section] shall not be construed to restrict or otherwise affect any

of the provisions of the Act entitled 'An Act to prohibit payments

of annuities to officers and employees of the United States

convicted of certain offenses, and for other purposes', approved

September 1, 1954 (Public Law 769, Eighty-third Congress) [sections

2281 to 2288 of former Title 5, Executive Departments and

Government Officers and Employees, and are covered by section 8311

et seq. of Title 5, Government Organization and Employees]."

APPLICATION FOR BENEFITS BY SURVIVORS OF MEMBERS AND FORMER MEMBERS

OF UNIFORMED SERVICES

Forms for use by survivors of members and former members of the

uniformed services in filing applications for benefits under this

subchapter to be prescribed jointly by the Secretary of Veterans

Affairs and the Secretary of Health and Human Services, see section

5105 of Title 38, Veterans' Benefits.

PAYMENTS OF ALIENS' BENEFITS WITHHELD UNDER FOREIGN DELIVERY

RESTRICTION OF CHECKS AGAINST FEDERAL FUNDS

Section 162(c)(3) of Pub. L. 90-248 provided that: "Whenever

benefits which an individual who is not a citizen or national of

the United States was entitled to receive under title II of the

Social Security Act [this subchapter] are, on June 30, 1968, being

withheld by the Treasury Department under the first section of the

Act of October 9, 1940 (31 U.S.C. 123) [31 U.S.C. 3329(a) and

3330(a)], any such benefits, payable to such individual for months

after the month in which the determination by the Treasury

Department that the benefits should be so withheld was made, shall

not be paid -

"(A) to any person other than such individual, or, if such

individual dies before such benefits can be paid, to any person

other than an individual who was entitled for the month in which

the deceased individual died (with the application of section

202(j)(1) of the Social Security Act [subsec. (j)(1) of this

section]) to a monthly benefit under title II of such Act [this

subchapter] on the basis of the same wages and self-employment

income as such deceased individual, or

"(B) in excess of the equivalent of the last twelve months'

benefits that would have been payable to such individual."

STUDY OF RETIREMENT TEST AND OF DRUG STANDARDS AND COVERAGE

Section 405 of Pub. L. 90-248 authorized the Secretary of Health,

Education, and Welfare to make a study of the existing retirement

test and proposals for the modification of the test, the quality

and cost standards for drugs for which payments are made under this

chapter, and the coverage of drugs under part B of subchapter XVIII

of this chapter, and submit a report to the President and to

Congress concerning his findings and recommendations on or before

Jan. 1, 1969.

-EXEC-

EX. ORD. NO. 12436. PAYMENT OF CERTAIN BENEFITS TO SURVIVORS OF

PERSONS WHO DIED IN OR AS A RESULT OF MILITARY SERVICE

Ex. Ord. No. 12436, July 29, 1983, 48 F.R. 34931, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 156 of

Public Law 97-377 (96 Stat. 1920; 42 U.S.C. 402 note), in order to

provide certain benefits to the surviving spouses and children of

certain persons who died in or as a result of military service, it

is hereby ordered as follows:

Section 1. The Administrator of Veterans' Affairs is designated

to administer the provisions of Section 156 of Public Law 97-377.

Sec. 2. The Secretary of Health and Human Services shall provide

to the Administrator of Veterans' Affairs such information and such

technical assistance as the Administrator may reasonably require to

discharge his responsibilities under Section 156. The Administrator

of Veterans' Affairs shall reimburse the Department of Health and

Human Services for all expenses it incurs in providing such

information and technical assistance to the Veterans'

Administration. Such expenses shall be paid from the Veterans'

Administration account described in Section 3 of this Order.

Sec. 3. During fiscal year 1983 and each succeeding fiscal year,

the Secretary of Defense shall transfer, from time to time, from

the "Retired Pay, Defense" account of the Department of Defense to

an account established in the Veterans' Administration, such

amounts as the Administrator of Veterans' Affairs determines to be

necessary to pay the benefits authorized by Section 156 during

fiscal year 1983 and each succeeding fiscal year, and the expenses

incurred by the Veterans' Administration in paying such benefits

during fiscal year 1983 and each succeeding fiscal year. Such

transfers shall, to the extent feasible, be made in advance of the

payment of benefits and expenses by the Veterans' Administration.

Sec. 4. This Order shall be effective as of January 1, 1983.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 403, 405, 415, 416,

417, 421, 422, 423, 424a, 425, 426, 426a, 427, 428, 433, 434,

1320b-1, 1320b-19, 1382, 1383, 1383c, 1395i-1, 1395p, 1395r, 1395s,

1396v of this title; title 5 sections 552a, 8332, 8421, 8442; title

8 section 1611; title 29 section 2801; title 30 sections 902, 922,

932; title 38 sections 1312, 1322; title 45 sections 231a, 231b,

231c, 231d, 231e, 231f; title 50 section 2082.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 403. Reduction of insurance benefits

-STATUTE-

(a) Maximum benefits

(1) In the case of an individual whose primary insurance amount

has been computed or recomputed under section 415(a)(1) or (4) of

this title, or section 415(d) of this title, as in effect after

December 1978, the total monthly benefits to which beneficiaries

may be entitled under section 402 or 423 of this title for a month

on the basis of the wages and self-employment income of such

individual shall, except as provided by paragraphs (3) and (6) (but

prior to any increases resulting from the application of paragraph

(2)(A)(ii)(III) of section 415(i) of this title), be reduced as

necessary so as not to exceed -

(A) 150 percent of such individual's primary insurance amount

to the extent that it does not exceed the amount established with

respect to this subparagraph by paragraph (2),

(B) 272 percent of such individual's primary insurance amount

to the extent that it exceeds the amount established with respect

to subparagraph (A) but does not exceed the amount established

with respect to this subparagraph by paragraph (2),

(C) 134 percent of such individual's primary insurance amount

to the extent that it exceeds the amount established with respect

to subparagraph (B) but does not exceed the amount established

with respect to this subparagraph by paragraph (2), and

(D) 175 percent of such individual's primary insurance amount

to the extent that it exceeds the amount established with respect

to subparagraph (C).

Any such amount that is not a multiple of $0.10 shall be decreased

to the next lower multiple of $0.10.

(2)(A) For individuals who initially become eligible for old-age

or disability insurance benefits, or who die (before becoming so

eligible for such benefits), in the calendar year 1979, the amounts

established with respect to subparagraphs (A), (B), and (C) of

paragraph (1) shall be $230, $332, and $433, respectively.

(B) For individuals who initially become eligible for old-age or

disability insurance benefits, or who die (before becoming so

eligible for such benefits), in any calendar year after 1979, each

of the amounts so established shall equal the product of the

corresponding amount established for the calendar year 1979 by

subparagraph (A) of this paragraph and the quotient obtained under

subparagraph (B)(ii) of section 415(a)(1) of this title, with such

product being rounded in the manner prescribed by section

415(a)(1)(B)(iii) of this title.

(C) In each calendar year after 1978 the Commissioner of Social

Security shall publish in the Federal Register, on or before

November 1, the formula which (except as provided in section

415(i)(2)(D) of this title) is to be applicable under this

paragraph to individuals who become eligible for old-age or

disability insurance benefits, or who die (before becoming eligible

for such benefits), in the following calendar year.

(D) A year shall not be counted as the year of an individual's

death or eligibility for purposes of this paragraph or paragraph

(8) in any case where such individual was entitled to a disability

insurance benefit for any of the 12 months immediately preceding

the month of such death or eligibility (but there shall be counted

instead the year of the individual's eligibility for the disability

insurance benefits to which he was entitled during such 12 months).

(3)(A) When an individual who is entitled to benefits on the

basis of the wages and self-employment income of any insured

individual and to whom this subsection applies would (but for the

provisions of section 402(k)(2)(A) of this title) be entitled to

child's insurance benefits for a month on the basis of the wages

and self-employment income of one or more other insured

individuals, the total monthly benefits to which all beneficiaries

are entitled on the basis of such wages and self-employment income

shall not be reduced under this subsection to less than the smaller

of -

(i) the sum of the maximum amounts of benefits payable on the

basis of the wages and self-employment income of all such insured

individuals, or

(ii) an amount (I) initially equal to the product of 1.75 and

the primary insurance amount that would be computed under section

415(a)(1) of this title, for January of the year determined for

purposes of this clause under the following two sentences, with

respect to average indexed monthly earnings equal to one-twelfth

of the contribution and benefit base determined for that year

under section 430 of this title, and (II) thereafter increased in

accordance with the provisions of section 415(i)(2)(A)(ii) of

this title.

The year established for purposes of clause (ii) shall be 1983 or,

if it occurs later with respect to any individual, the year in

which occurred the month that the application of the reduction

provisions contained in this subparagraph began with respect to

benefits payable on the basis of the wages and self-employment

income of the insured individual. If for any month subsequent to

the first month for which clause (ii) applies (with respect to

benefits payable on the basis of the wages and self-employment

income of the insured individual) the reduction under this

subparagraph ceases to apply, then the year determined under the

preceding sentence shall be redetermined (for purposes of any

subsequent application of this subparagraph with respect to

benefits payable on the basis of such wages and self-employment

income) as though this subparagraph had not been previously

applicable.

(B) When two or more persons were entitled (without the

application of section 402(j)(1) of this title and section 423(b)

of this title) to monthly benefits under section 402 or 423 of this

title for January 1971 or any prior month on the basis of the wages

and self-employment income of such insured individual and the

provisions of this subsection as in effect for any such month were

applicable in determining the benefit amount of any persons on the

basis of such wages and self-employment income, the total of

benefits for any month after January 1971 shall not be reduced to

less than the largest of -

(i) the amount determined under this subsection without regard

to this subparagraph,

(ii) the largest amount which has been determined for any month

under this subsection for persons entitled to monthly benefits on

the basis of such insured individual's wages and self-employment

income, or

(iii) if any persons are entitled to benefits on the basis of

such wages and self-employment income for the month before the

effective month (after September 1972) of a general benefit

increase under this title (as defined in section 415(i)(3) of

this title) or a benefit increase under the provisions of section

415(i) of this title, an amount equal to the sum of amounts

derived by multiplying the benefit amount determined under this

subchapter (excluding any part thereof determined under section

402(w) of this title) for the month before such effective month

(including this subsection, but without the application of

section 422(b) (!1) of this title, section 402(q) of this title,

and subsections (b), (c), and (d) of this section), for each such

person for such month, by a percentage equal to the percentage of

the increase provided under such benefit increase (with any such

increased amount which is not a multiple of $0.10 being rounded

to the next lower multiple of $0.10);

but in any such case (I) subparagraph (A) of this paragraph shall

not be applied to such total of benefits after the application of

clause (ii) or (iii), and (II) if section 402(k)(2)(A) of this

title was applicable in the case of any such benefits for a month,

and ceases to apply for a month after such month, the provisions of

clause (ii) or (iii) shall be applied, for and after the month in

which section 402(k)(2)(A) of this title ceases to apply, as though

subparagraph (A) of this paragraph had not been applicable to such

total of benefits for the last month for which clause (ii) or (iii)

was applicable.

(C) When any of such individuals is entitled to monthly benefits

as a divorced spouse under section 402(b) or (c) of this title or

as a surviving divorced spouse under section 402(e) or (f) of this

title for any month, the benefit to which he or she is entitled on

the basis of the wages and self-employment income of such insured

individual for such month shall be determined without regard to

this subsection, and the benefits of all other individuals who are

entitled for such month to monthly benefits under section 402 of

this title on the wages and self-employment income of such insured

individual shall be determined as if no such divorced spouse or

surviving divorced spouse were entitled to benefits for such month.

(D) In any case in which -

(i) two or more individuals are entitled to monthly benefits

for the same month as a spouse under subsection (b) or (c) of

section 402 of this title, or as a surviving spouse under

subsection (e), (f), or (g) of section 402 of this title,

(ii) at least one of such individuals is entitled by reason of

subparagraph (A)(ii) or (B) of section 416(h)(1) of this title,

and

(iii) such entitlements are based on the wages and

self-employment income of the same insured individual,

the benefit of the entitled individual whose entitlement is based

on a valid marriage (as determined without regard to subparagraphs

(A)(ii) and (B) of section 416(h)(1) of this title) to such insured

individual shall, for such month and all months thereafter, be

determined without regard to this subsection, and the benefits of

all other individuals who are entitled, for such month or any month

thereafter, to monthly benefits under section 402 of this title

based on the wages and self-employment income of such insured

individual shall be determined as if such entitled individual were

not entitled to benefits for such month.

(4) In any case in which benefits are reduced pursuant to the

provisions of this subsection, the reduction shall be made after

any deductions under this section and after any deductions under

section 422(b) (!1) of this title. Notwithstanding the preceding

sentence, any reduction under this subsection in the case of an

individual who is entitled to a benefit under subsection (b), (c),

(d), (e), (f), (g), or (h) of section 402 of this title for any

month on the basis of the same wages and self-employment income as

another person -

(A) who also is entitled to a benefit under subsection (b),

(c), (d), (e), (f), (g), or (h) of section 402 of this title for

such month,

(B) who does not live in the same household as such individual,

and

(C) whose benefit for such month is suspended (in whole or in

part) pursuant to subsection (h)(3) of this section,

shall be made before the suspension under subsection (h)(3) of this

section. Whenever a reduction is made under this subsection in the

total of monthly benefits to which individuals are entitled for any

month on the basis of the wages and self-employment income of an

insured individual, each such benefit other than the old-age or

disability insurance benefit shall be proportionately decreased.

(5) Notwithstanding any other provision of law, when -

(A) two or more persons are entitled to monthly benefits for a

particular month on the basis of the wages and self-employment

income of an insured individual and (for such particular month)

the provisions of this subsection are applicable to such monthly

benefits, and

(B) such individual's primary insurance amount is increased for

the following month under any provision of this subchapter,

then the total of monthly benefits for all persons on the basis of

such wages and self-employment income for such particular month, as

determined under the provisions of this subsection, shall for

purposes of determining the total monthly benefits for all persons

on the basis of such wages and self-employment income for months

subsequent to such particular month be considered to have been

increased by the smallest amount that would have been required in

order to assure that the total of monthly benefits payable on the

basis of such wages and self-employment income for any such

subsequent month will not be less (after the application of the

other provisions of this subsection and section 402(q) of this

title) than the total of monthly benefits (after the application of

the other provisions of this subsection and section 402(q) of this

title) payable on the basis of such wages and self-employment

income for such particular month.

(6) Notwithstanding any of the preceding provisions of this

subsection other than paragraphs (3)(A), (3)(C), (3)(D), (4), and

(5) (but subject to section 415(i)(2)(A)(ii) of this title), the

total monthly benefits to which beneficiaries may be entitled under

sections 402 and 423 of this title for any month on the basis of

the wages and self-employment income of an individual entitled to

disability insurance benefits shall be reduced (before the

application of section 424a of this title) to the smaller of -

(A) 85 percent of such individual's average indexed monthly

earnings (or 100 percent of his primary insurance amount, if

larger), or

(B) 150 percent of such individual's primary insurance amount.

(7) In the case of any individual who is entitled for any month

to benefits based upon the primary insurance amounts of two or more

insured individuals, one or more of which primary insurance amounts

were determined under section 415(a) or (d) of this title as in

effect (without regard to the table contained therein) prior to

January 1979 and one or more of which primary insurance amounts

were determined under section 415(a)(1) or (4) of this title, or

section 415(d) of this title, as in effect after December 1978, the

total benefits payable to that individual and all other individuals

entitled to benefits for that month based upon those primary

insurance amounts shall be reduced to an amount equal to the amount

determined in accordance with the provisions of paragraph

(3)(A)(ii) of this subsection, except that for this purpose the

references to subparagraph (A) in the last two sentences of

paragraph (3)(A) shall be deemed to be references to paragraph (7).

(8) Subject to paragraph (7) and except as otherwise provided in

paragraph (10)(C), this subsection as in effect in December 1978

shall remain in effect with respect to a primary insurance amount

computed under section 415(a) or (d) of this title, as in effect

(without regard to the table contained therein) in December 1978

and as amended by section 5117 of the Omnibus Budget Reconciliation

Act of 1990, except that a primary insurance amount so computed

with respect to an individual who first becomes eligible for an

old-age or disability insurance benefit, or dies (before becoming

eligible for such a benefit), after December 1978, shall instead be

governed by this section as in effect after December 1978. For

purposes of the preceding sentence, the phrase "rounded to the next

higher multiple of $0.10", as it appeared in subsection (a)(2)(C)

of this section as in effect in December 1978, shall be deemed to

read "rounded to the next lower multiple of $0.10".

(9) When -

(A) one or more persons were entitled (without the application

of section 402(j)(1) of this title) to monthly benefits under

section 402 of this title for May 1978 on the basis of the wages

and self-employment income of an individual,

(B) the benefit of at least one such person for June 1978 is

increased by reason of the amendments made by section 204 of the

Social Security Amendments of 1977; and

(C) the total amount of benefits to which all such persons are

entitled under such section 402 of this title are reduced under

the provisions of this subsection (or would be so reduced except

for the first sentence of subsection (a)(4) of this section),

then the amount of the benefit to which each such person is

entitled for months after May 1978 shall be increased (after such

reductions are made under this subsection) to the amount such

benefits would have been if the benefit of the person or persons

referred to in subparagraph (B) had not been so increased.

(10)(A) Subject to subparagraphs (B) and (C) -

(i) the total monthly benefits to which beneficiaries may be

entitled under sections 402 and 423 of this title for a month on

the basis of the wages and self-employment income of an

individual whose primary insurance amount is computed under

section 415(a)(2)(B)(i) of this title shall equal the total

monthly benefits which were authorized by this section with

respect to such individual's primary insurance amount for the

last month of his prior entitlement to disability insurance

benefits, increased for this purpose by the general benefit

increases and other increases under section 415(i) of this title

that would have applied to such total monthly benefits had the

individual remained entitled to disability insurance benefits

until the month in which he became entitled to old-age insurance

benefits or reentitled to disability insurance benefits or died,

and

(ii) the total monthly benefits to which beneficiaries may be

entitled under sections 402 and 423 of this title for a month on

the basis of the wages and self-employment income of an

individual whose primary insurance amount is computed under

section 415(a)(2)(C) of this title shall equal the total monthly

benefits which were authorized by this section with respect to

such individual's primary insurance amount for the last month of

his prior entitlement to disability insurance benefits.

(B) In any case in which -

(i) the total monthly benefits with respect to such

individual's primary insurance amount for the last month of his

prior entitlement to disability insurance benefits was computed

under paragraph (6), and

(ii) the individual's primary insurance amount is computed

under subparagraph (B)(i) or (C) of section 415(a)(2) of this

title by reason of the individual's entitlement to old-age

insurance benefits or death,

the total monthly benefits shall equal the total monthly benefits

that would have been authorized with respect to the primary

insurance amount for the last month of his prior entitlement to

disability insurance benefits if such total monthly benefits had

been computed without regard to paragraph (6).

(C) This paragraph shall apply before the application of

paragraph (3)(A), and before the application of subsection (a)(1)

of this section as in effect in December 1978.

(b) Deductions on account of work

(1) Deductions, in such amounts and at such time or times as the

Commissioner of Social Security shall determine, shall be made from

any payment or payments under this subchapter to which an

individual is entitled, and from any payment or payments to which

any other persons are entitled on the basis of such individual's

wages and self-employment income, until the total of such

deductions equals -

(A) such individual's benefit or benefits under section 402 of

this title for any month, and

(B) if such individual was entitled to old-age insurance

benefits under section 402(a) of this title for such month, the

benefit or benefits of all other persons for such month under

section 402 of this title based on such individual's wages and

self-employment income,

if for such month he is charged with excess earnings, under the

provisions of subsection (f) of this section, equal to the total of

benefits referred to in clauses (A) and (B). If the excess earnings

so charged are less than such total of benefits, such deductions

with respect to such month shall be equal only to the amount of

such excess earnings. If a child who has attained the age of 18 and

is entitled to child's insurance benefits, or a person who is

entitled to mother's or father's insurance benefits, is married to

an individual entitled to old-age insurance benefits under section

402(a) of this title, such child or such person, as the case may

be, shall, for the purposes of this subsection and subsection (f)

of this section, be deemed to be entitled to such benefits on the

basis of the wages and self-employment income of such individual

entitled to old-age insurance benefits. If a deduction has already

been made under this subsection with respect to a person's benefit

or benefits under section 402 of this title for a month, he shall

be deemed entitled to payments under such section for such month

for purposes of further deductions under this subsection, and for

purposes of charging of each person's excess earnings under

subsection (f) of this section, only to the extent of the total of

his benefits remaining after such earlier deductions have been

made. For purposes of this subsection and subsection (f) of this

section -

(i) an individual shall be deemed to be entitled to payments

under section 402 of this title equal to the amount of the

benefit or benefits to which he is entitled under such section

after the application of subsection (a) of this section, but

without the application of the first sentence of paragraph (4)

thereof; and

(ii) if a deduction is made with respect to an individual's

benefit or benefits under section 402 of this title because of

the occurrence in any month of an event specified in subsection

(c) or (d) of this section or in section 422(b) (!1) of this

title, such individual shall not be considered to be entitled to

any benefits under such section 402 for such month.

(2)(A) Except as provided in subparagraph (B), in any case in

which -

(i) any of the other persons referred to in paragraph (1)(B) is

entitled to monthly benefits as a divorced spouse under section

402(b) or (c) of this title for any month, and

(ii) such person has been divorced for not less than 2 years,

the benefit to which he or she is entitled on the basis of the

wages and self-employment income of the individual referred to in

paragraph (1) for such month shall be determined without regard to

deductions under this subsection as a result of excess earnings of

such individual, and the benefits of all other individuals who are

entitled for such month to monthly benefits under section 402 of

this title on the basis of the wages and self-employment income of

such individual referred to in paragraph (1) shall be determined as

if no such divorced spouse were entitled to benefits for such

month.

(B) Clause (ii) of subparagraph (A) shall not apply with respect

to any divorced spouse in any case in which the individual referred

to in paragraph (1) became entitled to old-age insurance benefits

under section 402(a) of this title before the date of the divorce.

(c) Deductions on account of noncovered work outside United States

or failure to have child in care

Deductions, in such amounts and at such time or times as the

Commissioner of Social Security shall determine, shall be made from

any payment or payments under this subchapter to which an

individual is entitled, until the total of such deductions equals

such individual's benefits or benefit under section 402 of this

title for any month -

(1) in which such individual is under retirement age (as

defined in section 416(l) of this title) and for more than

forty-five hours of which such individual engaged in noncovered

remunerative activity outside the United States;

(2) in which such individual, if a wife or husband under

retirement age (as defined in section 416(l) of this title)

entitled to a wife's or husband's insurance benefit, did not have

in his or her care (individually or jointly with his or her

spouse) a child of such spouse entitled to a child's insurance

benefit and such wife's or husband's insurance benefit for such

month was not reduced under the provisions of section 402(q) of

this title;

(3) in which such individual, if a widow or widower entitled to

a mother's or father's insurance benefit, did not have in his or

her care a child of his or her deceased spouse entitled to a

child's insurance benefit; or

(4) in which such an individual, if a surviving divorced mother

or father entitled to a mother's or father's insurance benefit,

did not have in his or her care a child of his or her deceased

former spouse who (A) is his or her son, daughter, or legally

adopted child and (B) is entitled to a child's insurance benefit

on the basis of the wages and self-employment income of such

deceased former spouse.

For purposes of paragraphs (2), (3), and (4) of this subsection, a

child shall not be considered to be entitled to a child's insurance

benefit for any month in which paragraph (1) of section 402(s) of

this title applies or an event specified in section 422(b) (!1) of

this title occurs with respect to such child. Subject to paragraph

(3) of such section 402(s) of this title, no deduction shall be

made under this subsection from any child's insurance benefit for

the month in which the child entitled to such benefit attained the

age of eighteen or any subsequent month; nor shall any deduction be

made under this subsection from any widow's or widower's insurance

benefit if the widow, surviving divorced wife, widower, or

surviving divorced husband involved became entitled to such benefit

prior to attaining age 60.

(d) Deductions from dependents' benefits on account of noncovered

work outside United States by old-age insurance beneficiary

(1)(A) Deductions shall be made from any wife's, husband's, or

child's insurance benefit, based on the wages and self-employment

income of an individual entitled to old-age insurance benefits, to

which a wife, divorced wife, husband, divorced husband, or child is

entitled, until the total of such deductions equals such wife's,

husband's, or child's insurance benefit or benefits under section

402 of this title for any month in which such individual is under

retirement age (as defined in section 416(l) of this title) and for

more than forty-five hours of which such individual engaged in

noncovered remunerative activity outside the United States.

(B)(i) Except as provided in clause (ii), in any case in which -

(I) a divorced spouse is entitled to monthly benefits under

section 402(b) or (c) of this title for any month, and

(II) such divorced spouse has been divorced for not less than 2

years,

the benefit to which he or she is entitled for such month on the

basis of the wages and self-employment income of the individual

entitled to old-age insurance benefits referred to in subparagraph

(A) shall be determined without regard to deductions under this

paragraph as a result of excess earnings of such individual, and

the benefits of all other individuals who are entitled for such

month to monthly benefits under section 402 of this title on the

basis of the wages and self-employment income of such individual

referred to in subparagraph (A) shall be determined as if no such

divorced spouse were entitled to benefits for such month.

(ii) Subclause (II) of clause (i) shall not apply with respect to

any divorced spouse in any case in which the individual entitled to

old-age insurance benefits referred to in subparagraph (A) became

entitled to such benefits before the date of the divorce.

(2) Deductions shall be made from any child's insurance benefit

to which a child who has attained the age of eighteen is entitled,

or from any mother's or father's insurance benefit to which a

person is entitled, until the total of such deductions equals such

child's insurance benefit or benefits or mother's or father's

insurance benefit or benefits under section 402 of this title for

any month in which such child or person entitled to mother's or

father's insurance benefits is married to an individual under

retirement age (as defined in section 416(l) of this title) who is

entitled to old-age insurance benefits and for more than forty-five

hours of which such individual engaged in noncovered remunerative

activity outside the United States.

(e) Occurrence of more than one event

If more than one of the events specified in subsections (c) and

(d) of this section and section 422(b) (!1) of this title occurs in

any one month which would occasion deductions equal to a benefit

for such month, only an amount equal to such benefit shall be

deducted.

(f) Months to which earnings are charged

For purposes of subsection (b) of this section -

(1) The amount of an individual's excess earnings (as defined

in paragraph (3)) shall be charged to months as follows: There

shall be charged to the first month of such taxable year an

amount of his excess earnings equal to the sum of the payments to

which he and all other persons (excluding divorced spouses

referred to in subsection (b)(2) of this section) are entitled

for such month under section 402 of this title on the basis of

his wages and self-employment income (or the total of his excess

earnings if such excess earnings are less than such sum), and the

balance, if any, of such excess earnings shall be charged to each

succeeding month in such year to the extent, in the case of each

such month, of the sum of the payments to which such individual

and all such other persons are entitled for such month under

section 402 of this title on the basis of his wages and

self-employment income, until the total of such excess has been

so charged. Where an individual is entitled to benefits under

section 402(a) of this title and other persons (excluding

divorced spouses referred to in subsection (b)(2) of this

section) are entitled to benefits under section 402(b), (c), or

(d) of this title on the basis of the wages and self-employment

income of such individual, the excess earnings of such individual

for any taxable year shall be charged in accordance with the

provisions of this subsection before the excess earnings of such

persons for a taxable year are charged to months in such

individual's taxable year. Notwithstanding the preceding

provisions of this paragraph but subject to section 402(s) of

this title, no part of the excess earnings of an individual shall

be charged to any month (A) for which such individual was not

entitled to a benefit under this subchapter, (B) in which such

individual was at or above retirement age (as defined in section

416(l) of this title), (C) in which such individual, if a child

entitled to child's insurance benefits, has attained the age of

18, (D) for which such individual is entitled to widow's or

widower's insurance benefits if such individual became so

entitled prior to attaining age 60, (E) in which such individual

did not engage in self-employment and did not render services for

wages (determined as provided in paragraph (5) of this

subsection) of more than the applicable exempt amount as

determined under paragraph (8), if such month is in the taxable

year in which occurs the first month after December 1977 that is

both (i) a month for which the individual is entitled to benefits

under subsection (a), (b), (c), (d), (e), (f), (g), or (h) of

section 402 of this title (without having been entitled for the

preceding month to a benefit under any other of such

subsections), and (ii) a month in which the individual did not

engage in self-employment and did not render services for wages

(determined as provided in paragraph (5)) of more than the

applicable exempt amount as determined under paragraph (8), or

(F) in which such individual did not engage in self-employment

and did not render services for wages (determined as provided in

paragraph (5) of this subsection) of more than the applicable

exempt amount as determined under paragraph (8), in the case of

an individual entitled to benefits under section 402(b) or (c) of

this title (but only by reason of having a child in his or her

care within the meaning of paragraph (1)(B) of subsection (b) or

(c) of this section, as may be applicable) or under section

402(d) or (g) of this title, if such month is in a year in which

such entitlement ends for a reason other than the death of such

individual, and such individual is not entitled to any benefits

under this subchapter for the month following the month during

which such entitlement under section 402(b), (d), or (g) of this

title ended.

(2) As used in paragraph (1), the term "first month of such

taxable year" means the earliest month in such year to which the

charging of excess earnings described in such paragraph is not

prohibited by the application of clauses (A), (B), (C), (D), (E),

and (F) thereof.

(3) For purposes of paragraph (1) and subsection (h) of this

section, an individual's excess earnings for a taxable year shall

be 33 1/3 percent of his earnings for such year in excess of the

product of the applicable exempt amount as determined under

paragraph (8) in the case of an individual who has attained (or,

but for the individual's death, would have attained) retirement

age (as defined in section 416(l) of this title) before the close

of such taxable year, or 50 percent of his earnings for such year

in excess of such product in the case of any other individual,

multiplied by the number of months in such year, except that, in

determining an individual's excess earnings for the taxable year

in which he attains retirement age (as defined in section 416(l)

of this title), there shall be excluded any earnings of such

individual for the month in which he attains such age and any

subsequent month (with any net earnings or net loss from

self-employment in such year being prorated in an equitable

manner under regulations of the Commissioner of Social Security).

For purposes of the preceding sentence, notwithstanding section

411(e) of this title, the number of months in the taxable year in

which an individual dies shall be 12. The excess earnings as

derived under the first sentence of this paragraph, if not a

multiple of $1, shall be reduced to the next lower multiple of

$1.

(4) For purposes of clause (E) of paragraph (1) -

(A) An individual will be presumed, with respect to any

month, to have been engaged in self-employment in such month

until it is shown to the satisfaction of the Commissioner of

Social Security that such individual rendered no substantial

services in such month with respect to any trade or business

the net income or loss of which is includible in computing (as

provided in paragraph (5) of this subsection) his net earnings

or net loss from self-employment for any taxable year. The

Commissioner of Social Security shall by regulations prescribe

the methods and criteria for determining whether or not an

individual has rendered substantial services with respect to

any trade or business.

(B) An individual will be presumed, with respect to any

month, to have rendered services for wages (determined as

provided in paragraph (5) of this subsection) of more than the

applicable exempt amount as determined under paragraph (8)

until it is shown to the satisfaction of the Commissioner of

Social Security that such individual did not render such

services in such month for more than such amount.

(5)(A) An individual's earnings for a taxable year shall be (i)

the sum of his wages for services rendered in such year and his

net earnings from self-employment for such year, minus (ii) any

net loss from self-employment for such year.

(B) For purposes of this section -

(i) an individual's net earnings from self-employment for any

taxable year shall be determined as provided in section 411 of

this title, except that paragraphs (1), (4), and (5) of section

411(c) of this title shall not apply and the gross income shall

be computed by excluding the amounts provided by subparagraph

(D) of this paragraph, and

(ii) an individual's net loss from self-employment for any

taxable year is the excess of the deductions (plus his

distributive share of loss described in section 702(a)(8) of

the Internal Revenue Code of 1986) taken into account under

clause (i) over the gross income (plus his distributive share

of income so described) taken into account under clause (i).

(C) For purposes of this subsection, an individual's wages

shall be computed without regard to the limitations as to amounts

of remuneration specified in paragraphs (1), (6)(B), (6)(C),

(7)(B), and (8) of section 409(a) of this title; and in making

such computation services which do not constitute employment as

defined in section 410 of this title, performed within the United

States by the individual as an employee or performed outside the

United States in the active military or naval service of the

United States, shall be deemed to be employment as so defined if

the remuneration for such services is not includible in computing

his net earnings or net loss from self-employment. The term

"wages" does not include -

(i) the amount of any payment made to, or on behalf of, an

employee or any of his dependents (including any amount paid by

an employer for insurance or annuities, or into a fund, to

provide for any such payment) on account of retirement, or

(ii) any payment or series of payments by an employer to an

employee or any of his dependents upon or after the termination

of the employee's employment relationship because of retirement

after attaining an age specified in a plan referred to in

section 409(a)(11)(B) of this title or in a pension plan of the

employer.

(D) In the case of -

(i) an individual who has attained retirement age (as defined

in section 416(l) of this title) on or before the last day of

the taxable year, and who shows to the satisfaction of the

Commissioner of Social Security that he or she is receiving

royalties attributable to a copyright or patent obtained before

the taxable year in which he or she attained such age and that

the property to which the copyright or patent relates was

created by his or her own personal efforts, or

(ii) an individual who has become entitled to insurance

benefits under this subchapter, other than benefits under

section 423 of this title or benefits payable under section

402(d) of this title by reason of being under a disability, and

who shows to the satisfaction of the Commissioner of Social

Security that he or she is receiving, in a year after his or

her initial year of entitlement to such benefits, any other

income not attributable to services performed after the month

in which he or she initially became entitled to such benefits,

there shall be excluded from gross income any such royalties or

other income.

(E) For purposes of this section, any individual's net earnings

from self-employment which result from or are attributable to the

performance of services by such individual as a director of a

corporation during any taxable year shall be deemed to have been

derived (and received) by such individual in that year, at the

time the services were performed, regardless of when the income,

on which the computation of such net earnings from

self-employment is based, is actually paid to or received by such

individual (unless such income was actually paid and received

prior to that year).

(6) For purposes of this subsection, wages (determined as

provided in paragraph (5)(C)) which, according to reports

received by the Commissioner of Social Security, are paid to an

individual during a taxable year shall be presumed to have been

paid to him for services performed in such year until it is shown

to the satisfaction of the Commissioner of Social Security that

they were paid for services performed in another taxable year. If

such reports with respect to an individual show his wages for a

calendar year, such individual's taxable year shall be presumed

to be a calendar year for purposes of this subsection until it is

shown to the satisfaction of the Commissioner of Social Security

that his taxable year is not a calendar year.

(7) Where an individual's excess earnings are charged to a

month and the excess earnings so charged are less than the total

of the payments (without regard to such charging) to which all

persons (excluding divorced spouses referred to in subsection

(b)(2) of this section) are entitled under section 402 of this

title for such month on the basis of his wages and

self-employment income, the difference between such total and the

excess so charged to such month shall be paid (if it is otherwise

payable under this subchapter) to such individual and other

persons in the proportion that the benefit to which each of them

is entitled (without regard to such charging, without the

application of section 402(k)(3) of this title, and prior to the

application of section 403(a) of this title) bears to the total

of the benefits to which all of them are entitled.

(8)(A) Whenever the Commissioner of Social Security pursuant to

section 415(i) of this title increases benefits effective with

the month of December following a cost-of-living computation

quarter (!2) the Commissioner shall also determine and publish in

the Federal Register on or before November 1 of the calendar year

in which such quarter occurs the new exempt amounts (separately

stated for individuals described in subparagraph (D) and for

other individuals) which are to be applicable (unless prevented

from becoming effective by subparagraph (C)) with respect to

taxable years ending in (or with the close of) the calendar year

after the calendar year in which such benefit increase is

effective (or, in the case of an individual who dies during the

calendar year after the calendar year in which the benefit

increase is effective, with respect to such individual's taxable

year which ends, upon his death, during such year).

(B) Except as otherwise provided in subparagraph (D), the

exempt amount which is applicable to individuals described in

such subparagraph and the exempt amount which is applicable to

other individuals, for each month of a particular taxable year,

shall each be whichever of the following is the larger -

(i) the corresponding exempt amount which is in effect with

respect to months in the taxable year in which the

determination under subparagraph (A) is made, or

(ii) the product of the corresponding exempt amount which is

in effect with respect to months in the taxable year ending

after 2001 and before 2003 (with respect to individuals

described in subparagraph (D)) or the taxable year ending after

1993 and before 1995 (with respect to other individuals), and

the ratio of -

(I) the national average wage index (as defined in section

409(k)(1) of this title) for the calendar year before the

calendar year in which the determination under subparagraph

(A) is made, to

(II) the national average wage index (as so defined) for

2000 (with respect to individuals described in subparagraph

(D)) or 1992 (with respect to other individuals),

with such product, if not a multiple of $10, being rounded to

the next higher multiple of $10 where such product is a

multiple of $5 but not of $10 and to the nearest multiple of

$10 in any other case.

Whenever the Commissioner of Social Security determines that an

exempt amount is to be increased in any year under this

paragraph, the Commissioner shall notify the House Committee on

Ways and Means and the Senate Committee on Finance within 30 days

after the close of the base quarter (as defined in section

415(i)(1)(A) of this title) in such year of the estimated amount

of such increase, indicating the new exempt amount, the actuarial

estimates of the effect of the increase, and the actuarial

assumptions and methodology used in preparing such estimates.

(C) Notwithstanding the determination of a new exempt amount by

the Commissioner of Social Security under subparagraph (A) (and

notwithstanding any publication thereof under such subparagraph

or any notification thereof under the last sentence of

subparagraph (B)), such new exempt amount shall not take effect

pursuant thereto if during the calendar year in which such

determination is made a law increasing the exempt amount is

enacted.

(D) Notwithstanding any other provision of this subsection, the

exempt amount which is applicable to an individual who has

attained retirement age (as defined in section 416(l) of this

title) before the close of the taxable year involved shall be -

(i) for each month of any taxable year ending after 1995 and

before 1997, $1,041.66 2/3 ,

(ii) for each month of any taxable year ending after 1996 and

before 1998, $1,125.00,

(iii) for each month of any taxable year ending after 1997

and before 1999, $1,208.33 1/3 ,

(iv) for each month of any taxable year ending after 1998 and

before 2000, $1,291.66 2/3 ,

(v) for each month of any taxable year ending after 1999 and

before 2001, $1,416.66 2/3 ,

(vi) for each month of any taxable year ending after 2000 and

before 2002, $2,083.33 1/3 , and

(vii) for each month of any taxable year ending after 2001

and before 2003, $2,500.00.

(E) Notwithstanding subparagraph (D), no deductions in benefits

shall be made under subsection (b) of this section with respect

to the earnings of any individual in any month beginning with the

month in which the individual attains retirement age (as defined

in section 416(l) of this title).

(9) For purposes of paragraphs (3), (5)(D)(i), (8)(D), and

(8)(E), the term "retirement age (as defined in section 416(l) of

this title)", with respect to any individual entitled to monthly

insurance benefits under section 402 of this title, means the

retirement age (as so defined) which is applicable in the case of

old-age insurance benefits, regardless of whether or not the

particular benefits to which the individual is entitled (or the

only such benefits) are old-age insurance benefits.

(g) Penalty for failure to report certain events

Any individual in receipt of benefits subject to deduction under

subsection (c) of this section, (or who is in receipt of such

benefits on behalf of another individual), because of the

occurrence of an event specified therein, who fails to report such

occurrence to the Commissioner of Social Security prior to the

receipt and acceptance of an insurance benefit for the second month

following the month in which such event occurred, shall suffer

deductions in addition to those imposed under subsection (c) of

this section as follows:

(1) if such failure is the first one with respect to which an

additional deduction is imposed by this subsection, such

additional deduction shall be equal to his benefit or benefits

for the first month of the period for which there is a failure to

report even though such failure is with respect to more than one

month;

(2) if such failure is the second one with respect to which an

additional deduction is imposed by this subsection, such

additional deduction shall be equal to two times his benefit or

benefits for the first month of the period for which there is a

failure to report even though such failure is with respect to

more than two months; and

(3) if such failure is the third or a subsequent one for which

an additional deduction is imposed under this subsection, such

additional deduction shall be equal to three times his benefit or

benefits for the first month of the period for which there is a

failure to report even though the failure to report is with

respect to more than three months;

except that the number of additional deductions required by this

subsection shall not exceed the number of months in the period for

which there is a failure to report. As used in this subsection, the

term "period for which there is a failure to report" with respect

to any individual means the period for which such individual

received and accepted insurance benefits under section 402 of this

title without making a timely report and for which deductions are

required under subsection (c) of this section.

(h) Report of earnings to Commissioner

(1)(A) If an individual is entitled to any monthly insurance

benefit under section 402 of this title during any taxable year in

which he has earnings or wages, as computed pursuant to paragraph

(5) of subsection (f) of this section, in excess of the product of

the applicable exempt amount as determined under subsection (f)(8)

of this section times the number of months in such year, such

individual (or the individual who is in receipt of such benefit on

his behalf) shall make a report to the Commissioner of Social

Security of his earnings (or wages) for such taxable year. Such

report shall be made on or before the fifteenth day of the fourth

month following the close of such year, and shall contain such

information and be made in such manner as the Commissioner of

Social Security may by regulations prescribe. Such report need not

be made for any taxable year -

(i) beginning with or after the month in which such individual

attained retirement age (as defined in section 416(l) of this

title), or

(ii) if benefit payments for all months (in such taxable year)

in which such individual is under retirement age (as defined in

section 416(l) of this title) have been suspended under the

provisions of the first sentence of paragraph (3) of this

subsection, unless -

(I) such individual is entitled to benefits under subsection

(b), (c), (d), (e), (f), (g), or (h) of section 402 of this

title,

(II) such benefits are reduced under subsection (a) of this

section for any month in such taxable year, and

(III) in any such month there is another person who also is

entitled to benefits under subsection (b), (c), (d), (e), (f),

(g), or (h) of section 402 of this title on the basis of the

same wages and self-employment income and who does not live in

the same household as such individual.

The Commissioner of Social Security may grant a reasonable

extension of time for making the report of earnings required in

this paragraph if the Commissioner finds that there is valid reason

for a delay, but in no case may the period be extended more than

four months.

(B) If the benefit payments of an individual have been suspended

for all months in any taxable year under the provisions of the

first sentence of paragraph (3) of this subsection, no benefit

payment shall be made to such individual for any such month in such

taxable year after the expiration of the period of three years,

three months, and fifteen days following the close of such taxable

year unless within such period the individual, or some other person

entitled to benefits under this subchapter on the basis of the same

wages and self-employment income, files with the Commissioner of

Social Security information showing that a benefit for such month

is payable to such individual.

(2) If an individual fails to make a report required under

paragraph (1) of this subsection, within the time prescribed by or

in accordance with such paragraph, for any taxable year and any

deduction is imposed under subsection (b) of this section by reason

of his earnings for such year, he shall suffer additional

deductions as follows:

(A) if such failure is the first one with respect to which an

additional deduction is imposed under this paragraph, such

additional deduction shall be equal to his benefit or benefits

for the last month of such year for which he was entitled to a

benefit under section 402 of this title, except that if the

deduction imposed under subsection (b) of this section by reason

of his earnings for such year is less than the amount of his

benefit (or benefits) for the last month of such year for which

he was entitled to a benefit under section 402 of this title, the

additional deduction shall be equal to the amount of the

deduction imposed under subsection (b) of this section but not

less than $10;

(B) if such failure is the second one for which an additional

deduction is imposed under this paragraph, such additional

deduction shall be equal to two times his benefit or benefits for

the last month of such year for which he was entitled to a

benefit under section 402 of this title;

(C) if such failure is the third or a subsequent one for which

an additional deduction is imposed under this paragraph, such

additional deduction shall be equal to three times his benefit or

benefits for the last month of such year for which he was

entitled to a benefit under section 402 of this title;

except that the number of the additional deductions required by

this paragraph with respect to a failure to report earnings for a

taxable year shall not exceed the number of months in such year for

which such individual received and accepted insurance benefits

under section 402 of this title and for which deductions are

imposed under subsection (b) of this section by reason of his

earnings. In determining whether a failure to report earnings is

the first or a subsequent failure for any individual, all taxable

years ending prior to the imposition of the first additional

deduction under this paragraph, other than the latest one of such

years, shall be disregarded.

(3) If the Commissioner of Social Security determines, on the

basis of information obtained by or submitted to the Commissioner,

that it may reasonably be expected that an individual entitled to

benefits under section 402 of this title for any taxable year will

suffer deductions imposed under subsection (b) of this section by

reason of his earnings for such year, the Commissioner of Social

Security may, before the close of such taxable year, suspend the

total or less than the total payment for each month in such year

(or for only such months as the Commissioner of Social Security may

specify) of the benefits payable on the basis of such individual's

wages and self-employment income; and such suspension shall remain

in effect with respect to the benefits for any month until the

Commissioner of Social Security has determined whether or not any

deduction is imposed for such month under subsection (b) of this

section. The Commissioner of Social Security is authorized, before

the close of the taxable year of an individual entitled to benefits

during such year, to request of such individual that he make, at

such time or times as the Commissioner of Social Security may

specify, a declaration of his estimated earnings for the taxable

year and that he furnish to the Commissioner of Social Security

such other information with respect to such earnings as the

Commissioner of Social Security may specify. A failure by such

individual to comply with any such request shall in itself

constitute justification for a determination under this paragraph

that it may reasonably be expected that the individual will suffer

deductions imposed under subsection (b) of this section by reason

of his earnings for such year. If, after the close of a taxable

year of an individual entitled to benefits under section 402 of

this title for such year, the Commissioner of Social Security

requests such individual to furnish a report of his earnings (as

computed pursuant to paragraph (5) of subsection (f) of this

section) for such taxable year or any other information with

respect to such earnings which the Commissioner of Social Security

may specify, and the individual fails to comply with such request,

such failure shall in itself constitute justification for a

determination that such individual's benefits are subject to

deductions under subsection (b) of this section for each month in

such taxable year (or only for such months thereof as the

Commissioner of Social Security may specify) by reason of his

earnings for such year.

(4) The Commissioner of Social Security shall develop and

implement procedures in accordance with this subsection to avoid

paying more than the correct amount of benefits to any individual

under this subchapter as a result of such individual's failure to

file a correct report or estimate of earnings or wages. Such

procedures may include identifying categories of individuals who

are likely to be paid more than the correct amount of benefits and

requesting that they estimate their earnings or wages more

frequently than other persons subject to deductions under this

section on account of earnings or wages.

(i) Repealed. Pub. L. 103-296, title III, Sec. 309(a), Aug. 15,

1994, 108 Stat. 1523

(j) Attainment of retirement age

For the purposes of this section, an individual shall be

considered as having attained retirement age (as defined in section

416(l) of this title) during the entire month in which he attains

such age.

(k) Noncovered remunerative activity outside United States

An individual shall be considered to be engaged in noncovered

remunerative activity outside the United States if he performs

services outside the United States as an employee and such services

do not constitute employment as defined in section 410 of this

title and are not performed in the active military or naval service

of the United States, or if he carries on a trade or business

outside the United States (other than the performance of service as

an employee) the net income or loss of which (1) is not includible

in computing his net earnings from self-employment for a taxable

year and (2) would not be excluded from net earnings from

self-employment, if carried on in the United States, by any of the

numbered paragraphs of section 411(a) of this title. When used in

the preceding sentence with respect to a trade or business (other

than the performance of service as an employee), the term "United

States" does not include the Commonwealth of Puerto Rico, the

Virgin Islands, Guam, or American Samoa in the case of an alien who

is not a resident of the United States (including the Commonwealth

of Puerto Rico, the Virgin Islands, Guam, and American Samoa); and

the term "trade or business" shall have the same meaning as when

used in section 162 of the Internal Revenue Code of 1986.

(l) Good cause for failure to make reports required

The failure of an individual to make any report required by

subsection (g) or (h)(1)(A) of this section within the time

prescribed therein shall not be regarded as such a failure if it is

shown to the satisfaction of the Commissioner of Social Security

that he had good cause for failing to make such report within such

time. The determination of what constitutes good cause for purposes

of this subsection shall be made in accordance with regulations of

the Commissioner of Social Security, except that in making any such

determination, the Commissioner of Social Security shall

specifically take into account any physical, mental, educational,

or linguistic limitation such individual may have (including any

lack of facility with the English language).

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 203, 49 Stat. 623; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1367; Aug. 10,

1946, ch. 951, title IV, Sec. 406, 60 Stat. 988; Aug. 28, 1950, ch.

809, title I, Secs. 102(a), 103(a), 64 Stat. 489; July 18, 1952,

ch. 945, Secs. 2(b)(2), 4(a)-(d), 66 Stat. 768, 773; Sept. 1, 1954,

ch. 1206, title I, Secs. 102(e)(7), 103(a)-(h), (i)(3), 112(a), 68

Stat. 1070, 1073-1077, 1078, 1085; Aug. 1, 1956, ch. 836, title I,

Secs. 101(d)-(g), 102(d)(11), 107(a), 112 (a), (b), 70 Stat. 808,

814, 829, 831; Pub. L. 85-840, title I, Sec. 101(f), title II, Sec.

205(j), (k), title III, Secs. 307(f), 308(a)-(e), Aug. 28, 1958, 72

Stat. 1017, 1024, 1032, 1033; Pub. L. 86-778, title I, Sec. 103(b),

title II, Secs. 209(a), 211(a)-(h), title III, Sec. 302(a), Sept.

13, 1960, 74 Stat. 936, 953-957, 960; Pub. L. 87-64, title I, Sec.

108(a), June 30, 1961, 75 Stat. 140; Pub. L. 89-97, title III,

Secs. 301(c), 306(c)(10)-(12), 308(d)(6)-(8), 310(a), 325(a), July

30, 1965, 79 Stat. 363, 373, 378-380, 399; Pub. L. 90-248, title I,

Secs. 101(b), 104(d)(1), 107(a), 160, 161(a), (b), 163(a)(1), Jan.

2, 1968, 81 Stat. 826, 832, 834, 870, 872; Pub. L. 91-172, title X,

Sec. 1002(b)(1), Dec. 30, 1969, 83 Stat. 739; Pub. L. 92-5, title

II, Sec. 201(b), Mar. 17, 1971, 85 Stat. 8; Pub. L. 92-336, title

II, Secs. 201(b), (h)(1), 202(a)(2)(A), (B), July 1, 1972, 86 Stat.

410, 411, 415; Pub. L. 92-603, title I, Secs. 101(b), 102(c),

103(c), 105(a), (b), 106(a), 107(b)(1), (2), 144(a)(2), (3), Oct.

30, 1972, 86 Stat. 1334, 1336, 1340-1343, 1370; Pub. L. 93-66,

title II, Sec. 202(a)-(c), July 9, 1973, 87 Stat. 153; Pub. L.

93-233, Secs. 3(k), 18(a), Dec. 31, 1973, 87 Stat. 953, 967; Pub.

L. 94-202, Sec. 8(i), Jan. 2, 1976, 89 Stat. 1140; Pub. L. 95-216,

title II, Secs. 202, 204(e), title III, Secs. 301(a), (b), (c)(1),

(d), 302(a)-(d), 303(a), 353(a), Dec. 20, 1977, 91 Stat. 1524,

1528, 1530, 1531, 1552; Pub. L. 96-265, title I, Sec.

101(a)-(b)(2), June 9, 1980, 94 Stat. 442; Pub. L. 96-473, Secs.

1(a), 3(a), 4(a), 6(b), Oct. 19, 1980, 94 Stat. 2263-2265; Pub. L.

97-35, title XXII, Secs. 2201(c)(6), 2206(b)(2)-(4), Aug. 13, 1981,

95 Stat. 831, 838; Pub. L. 97-123, Sec. 2(f), Dec. 29, 1981, 95

Stat. 1661; Pub. L. 98-21, title I, Secs. 111(a)(4), 132(b), title

II, Sec. 201(c)(1)(B), (2), title III, Secs. 306(i), 309(f)-(h),

324(c)(4), 331(a), (b), 347(a), Apr. 20, 1983, 97 Stat. 72, 94,

109, 114, 116, 117, 125, 128, 129, 138; Pub. L. 98-369, div. B,

title VI, Secs. 2602(a), 2661(g)(1)(A), (2)(A), 2662(c)(1),

2663(a)(3), July 18, 1984, 98 Stat. 1127, 1157, 1159, 1161; Pub. L.

99-272, title XII, Sec. 12108(a), Apr. 7, 1986, 100 Stat. 286; Pub.

L. 100-647, title VIII, Sec. 8002(a), (b), Nov. 10, 1988, 102 Stat.

3779; Pub. L. 101-239, title X, Secs. 10208(b)(1)(A), (B),

(d)(2)(A)(i), (ii), (vi), 10305(a), Dec. 19, 1989, 103 Stat. 2477,

2480, 2481, 2483; Pub. L. 101-508, title V, Secs. 5117(a)(3)(B),

5119(c), (d), 5123(a)(1), (2), 5127(a), (b), Nov. 5, 1990, 104

Stat. 1388-277, 1388-279, 1388-280, 1388-284, 1388-286; Pub. L.

103-296, title I, Sec. 107(a)(4), title III, Secs. 309(a)-(c),

310(a), (b), 314(a), 321(a)(6), (c)(6)(A), (g)(2), Aug. 15, 1994,

108 Stat. 1478, 1523, 1524, 1530, 1536, 1538, 1543; Pub. L.

104-121, title I, Sec. 102(a), (b)(1), Mar. 29, 1996, 110 Stat.

847, 848; Pub. L. 106-182, Secs. 2-4(a), Apr. 7, 2000, 114 Stat.

198, 199.)

-REFTEXT-

REFERENCES IN TEXT

Section 422(b) of this title, referred to in subsecs.

(a)(3)(B)(iii), (4), (b)(1)(ii), (c), (e), was repealed by Pub. L.

106-170, title I, Sec. 101(b)(1)(C), Dec. 17, 1999, 113 Stat. 1873.

Section 5117 of the Omnibus Budget Reconciliation Act of 1990,

referred to in subsec. (a)(8), is section 5117 of Pub. L. 101-508,

title V, Nov. 5, 1990, 104 Stat. 1388-274.

The amendments made by section 204 of the Social Security

Amendments of 1977, referred to in subsec. (a)(9)(B), means the

amendments made by section 204 of Pub. L. 95-216, which enacted

subsec. (a)(9) of this section and amended section 402(e)(2)(A),

(e)(2)(B)(i), (f)(3)(A), and (f)(3)(B)(i) of this title.

The Internal Revenue Code of 1986, referred to in subsecs.

(f)(5)(B)(ii) and (k), is classified generally to Title 26,

Internal Revenue Code.

-MISC1-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-182, Sec. 4(a)(1), in last

sentence of concluding provisions substituted "nor shall any

deduction be made under this subsection from any widow's or

widower's insurance benefit if the widow, surviving divorced wife,

widower, or surviving divorced husband involved became entitled to

such benefit prior to attaining age 60" for "nor shall any

deduction be made under this subsection from any widow's insurance

benefit for any month in which the widow or surviving divorced wife

is entitled and has not attained retirement age (as defined in

section 416(l) of this title) (but only if she became so entitled

prior to attaining age 60), or from any widower's insurance benefit

for any month in which the widower or surviving divorced husband is

entitled and has not attained retirement age (as defined in section

416(l) of this title) (but only if he became so entitled prior to

attaining age 60)".

Subsec. (c)(1). Pub. L. 106-182, Sec. 2(1), substituted

"retirement age (as defined in section 416(l) of this title)" for

"the age of seventy".

Subsec. (d)(1)(A), (2). Pub. L. 106-182, Sec. 2(2), substituted

"retirement age (as defined in section 416(l) of this title)" for

"the age of seventy".

Subsec. (f)(1)(B). Pub. L. 106-182, Sec. 2(3), substituted "was

at or above retirement age (as defined in section 416(l) of this

title)" for "was age seventy or over".

Subsec. (f)(1)(D). Pub. L. 106-182, Sec. 4(a)(2), added cl. (D)

and struck out former cl. (D) which read as follows: "for which

such individual is entitled to widow's insurance benefits and has

not attained retirement age (as defined in section 416(l) of this

title) (but only if she became so entitled prior to attaining age

60), or widower's insurance benefits and has not attained

retirement age (as defined in section 416(l) of this title) (but

only if he became so entitled prior to attaining age 60),".

Subsec. (f)(3). Pub. L. 106-182, Sec. 2(4), substituted

"retirement age (as defined in section 416(l) of this title)" for

"age 70".

Subsec. (f)(8)(E). Pub. L. 106-182, Sec. 3(a), added subpar. (E).

Subsec. (f)(9). Pub. L. 106-182, Sec. 3(b), substituted "(8)(D),

and (8)(E)," for "and (8)(D),".

Subsec. (h)(1)(A)(i), (ii). Pub. L. 106-182, Sec. 2(5),

substituted "retirement age (as defined in section 416(l) of this

title)" for "age 70".

Subsec. (j). Pub. L. 106-182, Sec. 2(6), substituted "retirement

age" for "age seventy" in heading and "having attained retirement

age (as defined in section 416(l) of this title)" for "seventy

years of age".

1996 - Subsec. (f)(8)(B)(ii). Pub. L. 104-121, Sec. 102(b)(1)(A),

substituted "the taxable year ending after 2001 and before 2003

(with respect to individuals described in subparagraph (D)) or the

taxable year ending after 1993 and before 1995 (with respect to

other individuals)" for "the taxable year ending after 1993 and

before 1995".

Subsec. (f)(8)(B)(ii)(II). Pub. L. 104-121, Sec. 102(b)(1)(B),

substituted "for 2000 (with respect to individuals described in

subparagraph (D)) or 1992 (with respect to other individuals)" for

"for 1992".

Subsec. (f)(8)(D). Pub. L. 104-121, Sec. 102(a), amended subpar.

(D) generally. Prior to amendment, subpar. (D) read as follows:

"Notwithstanding any other provision of this subsection, the exempt

amount which is applicable to an individual who has attained

retirement age (as defined in section 416(l) of this title) before

the close of the taxable year involved -

"(i) shall be $333.33 1/3 for each month of any taxable year

ending after 1977 and before 1979,

"(ii) shall be $375 for each month of any taxable year ending

after 1978 and before 1980,

"(iii) shall be $416.66 2/3 for each month of any taxable year

ending after 1979 and before 1981,

"(iv) shall be $458.33 1/3 for each month of any taxable year

ending after 1980 and before 1982, and

"(v) shall be $500 for each month of any taxable year ending

after 1981 and before 1983."

1994 - Subsec. (a)(2)(C). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (a)(4). Pub. L. 103-296, Sec. 309(b), substituted

"section 422(b) of this title. Notwithstanding the preceding

sentence, any reduction under this subsection in the case of an

individual who is entitled to a benefit under subsection (b), (c),

(d), (e), (f), (g), or (h) of section 402 of this title for any

month on the basis of the same wages and self-employment income as

another person -

"(A) who also is entitled to a benefit under subsection (b),

(c), (d), (e), (f), (g), or (h) of section 402 of this title for

such month,

"(B) who does not live in the same household as such

individual, and

"(C) whose benefit for such month is suspended (in whole or in

part) pursuant to subsection (h)(3) of this section,

shall be made before the suspension under subsection (h)(3) of this

section. Whenever" for "section 422(b) of this title. Whenever".

Subsec. (a)(8). Pub. L. 103-296, Sec. 310(b), substituted

"Subject to paragraph (7) and except as otherwise provided in

paragraph (10)(C)" for "Subject to paragraph (7)".

Subsec. (a)(10). Pub. L. 103-296, Sec. 310(a), added par. (10).

Subsecs. (b)(1), (c), (f)(3), (4). Pub. L. 103-296, Sec.

107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing.

Subsec. (f)(5)(B)(ii). Pub. L. 103-296, Sec. 321(c)(6)(A),

substituted "Code of 1986" for "Code of 1954".

Subsec. (f)(5)(C)(i), (ii). Pub. L. 103-296, Sec. 321(a)(6),

realigned margins.

Subsec. (f)(5)(D), (6). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

Subsec. (f)(8)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" and "the

Commissioner" for "he".

Subsec. (f)(8)(B). Pub. L. 103-296, Sec. 107(a)(4), in closing

provisions substituted "Commissioner of Social Security" for

"Secretary" and "the Commissioner shall" for "he shall".

Subsec. (f)(8)(B)(ii). Pub. L. 103-296, Sec. 321(g)(2), amended

cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:

"the product of the exempt amount described in clause (i) and the

ratio of (I) the deemed average total wages (as defined in section

409(k)(1) of this title) for the calendar year before the calendar

year in which the determination under subparagraph (A) is made to

(II) the deemed average total wages (as so defined) for the

calendar year before the most recent calendar year in which an

increase in the exempt amount was enacted or a determination

resulting in such an increase was made under subparagraph (A), with

such product, if not a multiple of $10, being rounded to the next

higher multiple of $10 where such product is a multiple of $5 but

not of $10 and to the nearest multiple of $10 in any other case."

Subsecs. (f)(8)(C), (g). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (h)(1)(A). Pub. L. 103-296, Sec. 314(a), substituted

"four months" for "three months" in last sentence.

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by

Pub. L. 103-296, Sec. 309(c), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing and "the Commissioner"

for "he" before "finds".

Pub. L. 103-296, Sec. 309(c), substituted "Such report need not

be made for any taxable year -

"(i) beginning with or after the month in which such individual

attained age 70, or

"(ii) if benefit payments for all months (in such taxable year)

in which such individual is under age 70 have been suspended

under the provisions of the first sentence of paragraph (3) of

this subsection, unless -

"(I) such individual is entitled to benefits under subsection

(b), (c), (d), (e), (f), (g), or (h) of section 402 of this

title,

"(II) such benefits are reduced under subsection (a) of this

section for any month in such taxable year, and

"(III) in any such month there is another person who also is

entitled to benefits under subsection (b), (c), (d), (e), (f),

(g), or (h) of section 402 of this title on the basis of the

same wages and self-employment income and who does not live in

the same household as such individual.

The Secretary may grant" for "Such report need not be made for any

taxable year (i) beginning with or after the month in which such

individual attained age 70, or (ii) if benefit payments for all

months (in such taxable year) in which such individual is under age

70 have been suspended under the provisions of the first sentence

of paragraph (3) of this subsection. The Secretary may grant".

Subsec. (h)(1)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (h)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "submitted to the Commissioner" for "submitted to

him".

Subsec. (h)(4). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (i). Pub. L. 103-296, Sec. 309(a), struck out subsec. (i)

which read as follows: "In the case of any individual, deductions

by reason of the provisions of subsection (b), (c), (g), or (h) of

this section, or the provisions of section 422(b) of this title,

shall, notwithstanding such provisions, be made from the benefits

to which such individual is entitled only to the extent that such

deductions reduce the total amount which would otherwise be paid,

on the basis of the same wages and self-employment income, to such

individual and the other individuals living in the same household."

Subsec. (k). Pub. L. 103-296, Sec. 321(c)(6)(A), substituted

"Code of 1986" for "Code of 1954".

Subsec. (l). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

1990 - Subsec. (a)(3)(D). Pub. L. 101-508, Sec. 5119(c), added

subpar. (D).

Subsec. (a)(6). Pub. L. 101-508, Sec. 5119(d), inserted "(3)(D),"

after "(3)(C),".

Subsec. (a)(8). Pub. L. 101-508, Sec. 5117(a)(3)(B), inserted

"and as amended by section 5117 of the Omnibus Budget

Reconciliation Act of 1990," after second reference to "December

1978".

Subsec. (b)(2). Pub. L. 101-508, Sec. 5127(a), designated

existing provisions as subpar. (A), substituted "Except as provided

in subparagraph (B), in any case in which - " and cls. (i) and (ii)

for "When any of the other persons referred to in paragraph (1)(B)

is entitled to monthly benefits as a divorced spouse under section

402(b) or (c) of this title for any month and such person has been

so divorced for not less than 2 years,", and added subpar. (B).

Subsec. (d)(1)(B). Pub. L. 101-508, Sec. 5127(b), designated

existing provisions as cl. (i), substituted "Except as provided in

clause (ii), in any case in which - " and subcls. (I) and (II) for

"When any divorced spouse is entitled to monthly benefits under

section 402(b) or (c) of this title for any month and such divorced

spouse has been so divorced for not less than 2 years,", and added

cl. (ii).

Subsec. (f)(5)(E). Pub. L. 101-508, Sec. 5123(a)(1), (2),

redesignated last undesignated par. of section 411(a) of this title

as subpar. (E) and substituted "For purposes of this section, any

individual's net earnings from self-employment which result from or

are attributable to" for "Any income of an individual which results

from or is attributable to", "the income, on which the computation

of such net earnings from self-employment is based, is actually

paid" for "the income is actually paid", and "unless such income

was" for "unless it was".

1989 - Subsec. (f)(5)(C). Pub. L. 101-239, Sec.

10208(d)(2)(A)(ii), (vi), substituted "paragraphs (1), (6)(B),

(6)(C), (7)(B), and (8) of section 409(a)" for "subsections (a),

(g)(2), (g)(3), (h)(2), and (j) of section 409" in introductory

provisions and "409(a)(11)(B)" for "409(m)(2)" in cl. (ii).

Subsec. (f)(8)(B)(ii)(I). Pub. L. 101-239, Sec. 10208(b)(1)(A),

substituted "the deemed average total wages (as defined in section

409(k)(1) of this title)" for "the average of the total wages (as

defined in regulations of the Secretary and computed without regard

to the limitations specified in section 409(a) of this title)

reported to the Secretary of the Treasury or his delegate".

Pub. L. 101-239, Sec. 10208(d)(2)(A)(i), substituted "409(a)(1)"

for "409(a)".

Subsec. (f)(8)(B)(ii)(II). Pub. L. 101-239, Sec. 10208(b)(1)(B),

substituted "the deemed average total wages (as so defined)" for

"the average of the total wages (as so defined and computed)

reported to the Secretary of the Treasury or his delegate".

Subsec. (l). Pub. L. 101-239, Sec. 10305(a), substituted

"Secretary, except that in making any such determination, the

Secretary shall specifically take into account any physical,

mental, educational, or linguistic limitation such individual may

have (including any lack of facility with the English language)"

for "Secretary" in last sentence.

1988 - Subsec. (f)(3). Pub. L. 100-647 inserted "(or, but for the

individual's death, would have attained)" after "who has attained"

in first sentence, inserted after first sentence "For purposes of

the preceding sentence, notwithstanding section 411(e) of this

title, the number of months in the taxable year in which an

individual dies shall be 12.", and substituted "first sentence of

this paragraph" for "preceding sentence" in last sentence.

1986 - Subsec. (a)(4). Pub. L. 99-272, Sec. 12108(a)(1), struck

out "preceding" after "pursuant to the" in first sentence.

Subsec. (a)(6). Pub. L. 99-272, Sec. 12108(a)(2), substituted

"(4), and (5)" for "and (5)" and "shall be reduced" for "whether or

not such total benefits are otherwise subject to reduction under

this subsection but after any reduction under this subsection which

would otherwise be applicable, shall be, reduced or further

reduced".

1984 - Subsec. (a)(8). Pub. L. 98-369, Sec. 2663(a)(3)(A),

inserted a period at end of par. (8).

Subsec. (d)(1)(A). Pub. L. 98-369, Sec. 2661(g)(1)(A)(i),

substituted "for more than forty-five hours of which such

individual engaged" for "on seven or more different calendar days

of which he engaged".

Subsec. (d)(2). Pub. L. 98-369, Sec. 2663(a)(3)(B), substituted

"an individual under the age of seventy who is entitled" for "an

individual who is entitled".

Pub. L. 98-369, Sec. 2661(g)(1)(A)(ii), substituted "for more

than forty-five hours" for "on seven or more different calendar

days".

Subsec. (f)(5)(B)(ii). Pub. L. 98-369, Sec. 2663(a)(3)(C),

substituted "702(a)(8)" for "702(a)(9)".

Subsec. (f)(5)(D)(i). Pub. L. 98-369, Sec. 2662(c)(1), made a

clarifying amendment to Pub. L. 98-21, Sec. 201(c)(1)(B). See 1983

Amendment note below.

Subsec. (f)(8)(B), (C). Pub. L. 98-369, Sec. 2663(a)(3)(D),

realigned margins of subpars. (B) and (C).

Subsec. (f)(9). Pub. L. 98-369, Sec. 2661(g)(2)(A), added par.

(9).

Subsec. (h)(4). Pub. L. 98-369, Sec. 2602(a), added par. (4).

1983 - Subsec. (a)(3)(A). Pub. L. 98-21, Sec. 331(a)(1), amended

cl. (ii) generally, substituting provisions relating to an amount

(I) initially equal to the product of 1.75 and the primary

insurance amount that would be computed under section 415(a)(1) of

this title, for January of the year determined for purposes of this

clause under the following two sentences, with respect to average

indexed monthly earnings equal to one-twelfth of the contribution

and benefit base determined for that year under section 430 of this

title, and (II) thereafter increased in accordance with the

provisions of section 415(i)(2)(A)(ii) of this title, for

provisions relating to an amount equal to the product of 1.75 and

the primary insurance amount that would be computed under section

415(a)(1) of this title for that month with respect to average

indexed monthly earnings equal to one-twelfth of the contribution

and benefit base determined for that year under section 430 of this

title, and inserted provisions following cl. (ii).

Subsec. (a)(7). Pub. L. 98-21, Sec. 331(a)(2), substituted "the

amount determined in accordance with the provisions of paragraph

(3)(A)(ii) of this subsection, except that for this purpose the

references to subparagraph (A) in the last two sentences of

paragraph (3)(A) shall be deemed to be references to paragraph (7)"

for "the product of 1.75 and the primary insurance amount that

would be computed under section 415(a)(1) of this title for that

month with respect to average indexed monthly earnings equal to

one-twelfth of the contribution and benefit base determined under

section 430 of this title for the year in which that month occurs".

Subsec. (b)(1). Pub. L. 98-21, Sec. 309(f), inserted "or

father's" after "mother's" in provisions following subpar. (B).

Pub. L. 98-21, Sec. 132(b)(1)(A)(iii), substituted "clauses (A)

and (B)" for "clauses (1) and (2)" in provisions following subpar.

(B).

Pub. L. 98-21, Sec. 132(b)(1)(A)(i), (ii), (iv), designated

existing provisions of subsec. (b) as par. (1), and in par. (1), as

so designated, redesignated cls. (1) and (2) as (A) and (B),

respectively, and cls. (A) and (B) as (i) and (ii), respectively.

Subsec. (b)(1)(i). Pub. L. 98-21, Sec. 331(b), substituted "first

sentence of paragraph (4)" for "penultimate sentence".

Subsec. (b)(2). Pub. L. 98-21, Sec. 132(b)(1)(A)(v), added par.

(2).

Subsec. (c). Pub. L. 98-21, Sec. 201(c)(2), substituted

"retirement age (as defined in section 416(l) of this title)" for

"age sixty-five".

Pub. L. 98-21, Sec. 201(c)(1)(B), substituted "retirement age (as

defined in section 416(l) of this title)" for "age 65" wherever

appearing in provisions following par. (4).

Pub. L. 98-21, Sec. 309(g), amended subsec. (c) generally,

substituting in par. (1) specification of more than forty-five

hours of nonrecovered remunerative activity for specification of

seven or more different days of such activity, and in pars. (2) to

(4) provisions not distinguishing between the sexes for provisions

relating only to the entitlements of women, and in provisions

following par. (4) inserting "or surviving divorced husband" after

"widower".

Subsec. (d)(1). Pub. L. 98-21, Sec. 309(h), inserted "divorced

husband," after "husband,".

Pub. L. 98-21, Sec. 132(b)(2), designated existing provisions as

subpar. (A) and added subpar. (B).

Subsec. (d)(2). Pub. L. 98-21, Sec. 309(h), inserted "or

father's" after "mother's" in three places.

Subsec. (f)(1). Pub. L. 98-21, Sec. 132(b)(1)(B)(i), inserted

"(excluding divorced spouses referred to in subsection (b)(2) of

this section)" after "and all other persons" and after "other

persons" and inserted "such" after "payments to which such

individual and all" in first sentence.

Subsec. (f)(1)(D). Pub. L. 98-21, Sec. 201(c)(1)(B), substituted

"retirement age (as defined in section 416(l) of this title)" for

"age 65" in two places.

Subsec. (f)(1)(F). Pub. L. 98-21, Sec. 306(i), substituted

"section 402(b) or (c) of this title (but only by reason of having

a child in his or her care within the meaning of paragraph (1)(B)

of subsection (b) or (c) of this section, as may be applicable)"

for "section 402(b) of this title (but only by reason of having a

child in her care within the meaning of paragraph (1)(B) of that

subsection)".

Subsec. (f)(3). Pub. L. 98-21, Sec. 347(a), substituted "33 1/3

percent of his earnings for such year in excess of the product of

the applicable exempt amount as determined under paragraph (8) in

the case of an individual who has attained retirement age (as

defined in section 416(l) of this title) before the close of such

taxable year, or 50 percent of his earnings for such year in excess

of such product in the case of any other individual" for "50 per

centum of his earnings for such year in excess of the product of

the applicable exempt amount as determined under paragraph (8)".

Subsec. (f)(5)(C). Pub. L. 98-21, Sec. 324(c)(4), inserted

provision excluding from "wages" certain payments on account of

retirement or under a pension plan of the employer.

Subsec. (f)(5)(D)(i). Pub. L. 98-21, Sec. 201(c)(1)(B), as

amended by Pub. L. 98-369, Sec. 2662(c)(1), substituted "retirement

age (as defined in section 416(l) of this title)" for "the age of

65".

Subsec. (f)(7). Pub. L. 98-21, Sec. 132(b)(1)(B)(ii), inserted

"(excluding divorced spouses referred to in subsection (b)(2) of

this section)" after "all persons".

Subsec. (f)(8)(A). Pub. L. 98-21, Sec. 111(a)(4), substituted

"December" for "June".

Subsec. (f)(8)(D). Pub. L. 98-21, Sec. 201(c)(1)(B), substituted

"retirement age (as defined in section 416(l) of this title)" for

"age 65".

1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 2206(b)(2),

substituted in provisions following subpar. (D) "decreased to the

next lower" for "increased to the next higher".

Subsec. (a)(3)(B)(iii). Pub. L. 97-35, Sec. 2206(b)(3),

substituted "next lower multiple" for "next higher multiple".

Subsec. (a)(8). Pub. L. 97-123, Sec. 2(f), struck out ", modified

by the application of section 415(a)(6) of this title".

Pub. L. 97-35, Secs. 2201(c)(6), 2206(b)(4), inserted ", modified

by the application of section 415(a)(6) of this title" and inserted

provision that for the purposes of the preceding sentence, the

phrase "rounded to the next higher multiple of $0.10", as it

appeared in subsec. (a)(2)(C) of this section as in effect in

December 1978, be deemed to read "rounded to the next lower

multiple of $0.10".

1980 - Subsec. (a). Pub. L. 96-265 added par. (6), redesignated

former pars. (6) to (8) as (7) to (9), respectively, and made

conforming amendments to pars. (1), (2)(D), and (8).

Subsec. (a)(3)(A). Pub. L. 96-473, Sec. 6(b)(1), substituted

"entitled on the basis" for "entitled on the bases".

Subsec. (a)(7). Pub. L. 96-473, Sec. 6(b)(2), substituted

"benefit base" for "benefits base".

Subsec. (f)(1). Pub. L. 96-473, Secs. 1(a)(1), 4(a), inserted

reference to December 1977 in cl. (E) and added cl. (F).

Subsec. (f)(2)(F). Pub. L. 96-473, Sec. 1(a)(2), inserted

reference to cl. (F).

Subsec. (f)(5)(D). Pub. L. 96-473, Sec. 3(a), revised former cls.

(i) and (ii) into cl. (i), inserted reference to women, and added

cl. (ii).

1977 - Subsec. (a)(1) to (7). Pub. L. 95-216, Sec. 202, generally

restated the provisions of existing pars. (1) to (5) with changes

to take into account the revised system for computing primary

insurance amounts based on wage-indexed earnings and redistributed

those existing provisions as thus restated into pars. (1) to (7).

Subsec. (a)(8). Pub. L. 95-216, Sec. 204(e), added par. (8).

Subsecs. (c)(1), (d)(1), (f)(1)(B). Pub. L. 95-216, Sec. 302(a),

substituted "seventy" for "seventy-two".

Subsec. (f)(1)(E). Pub. L. 95-216, Secs. 301(d), 303(a),

substituted "the applicable exempt amount" for "$200 or the exempt

amount" and inserted ", if such month is in the taxable year in

which occurs the first month that is both (i) a month for which the

individual is entitled to benefits under subsection (a), (b), (c),

(d), (e), (f), (g), or (h) of section 402 of this title (without

having been entitled for the preceding month to a benefit under any

other of such subsections), and (ii) a month in which the

individual did not engage in self-employment and did not render

services for wages (determined as provided in paragraph (5)) of

more than the applicable exempt amount as determined under

paragraph (8)" after "as determined under paragraph (8)".

Subsec. (f)(3). Pub. L. 95-216, Sec. 301(d), substituted "the

applicable exempt amount" for "$200 or the exempt amount".

Pub. L. 95-216, Sec. 302(b), substituted "age 70" for "age 72".

Subsec. (f)(4)(B). Pub. L. 95-216, Sec. 301(d), substituted "the

applicable exempt amount" for "$200 or the exempt amount".

Subsec. (f)(8)(A). Pub. L. 95-216, Sec. 301(a), substituted "the

new exempt amounts (separately stated for individuals described in

subparagraph (D) and for other individuals) which are to be

applicable (unless prevented from becoming effective by

subparagraph (C) with respect to taxable years ending in (or with

the close of) the calendar year after the calendar year" for "a new

exempt amount which shall be effective (unless such new exempt

amount is prevented from becoming effective by subparagraph (C) of

this paragraph) with respect to any individual's taxable year which

ends after the calendar year".

Subsec. (f)(8)(B). Pub. L. 95-216, Secs. 301(b), 353(a),

applicable with respect to taxable years ending after Dec. 1977,

substituted "Except as otherwise provided in subparagraph (D), the

exempt amount which is applicable to individuals described in such

subparagraph and the exempt amount which is applicable to other

individuals for each month of a particular taxable year, shall each

be" for "The exempt amount for each month of a particular taxable

year shall be" in provisions preceding cl. (i), substituted "the

corresponding exempt amount" for "the exempt amount" in cl. (i),

and, in provisions following cl. (ii), substituted "an exempt

amount" for "the exempt amount", and effective Jan. 1, 1979,

substituted "is" for "was" in cl. (i) and, in cl. (ii), substituted

"(I) the average of the total wages (as defined in regulations of

the Secretary and computed without regard to the limitations

specified in section 409(a) of this title) reported to the

Secretary of the Treasury or his delegate for the calendar year

before the calendar year in which the determination under

subparagraph (A) is made to (II) the average of the total wages (as

so defined and computed) reported to the Secretary of the Treasury

or his delegate for the calendar year before the most recent

calendar year" for "(I) the average of the wages of all employees

as reported to the Secretary of the Treasury for the calendar year

preceding the calendar year in which the determination under

subparagraph (A) was made to (II) the average of the wages of all

employees as reported to the Secretary of the Treasury for the

calendar year 1973, or, if later, the calendar year preceding the

most recent calendar year" and struck out reference to wages for

calendar year 1978.

Subsec. (f)(8)(D). Pub. L. 95-216, Sec. 301(c)(1), added subpar.

(D).

Subsec. (h)(1)(A). Pub. L. 95-216, Sec. 301(d), substituted "the

applicable exempt amount" for "$200 or the exempt amount".

Pub. L. 95-216, Sec. 302(c), substituted "age 70" for "the age of

72" and for "age 72".

Subsec. (j). Pub. L. 95-216, Sec. 302(a), (d), substituted

"seventy" for "seventy-two" in heading and in text.

1976 - Subsec. (f)(8)(B)(ii). Pub. L. 94-202 substituted "wages

of all employees as reported to the Secretary of the Treasury for

the calendar year preceding the calendar year" for "taxable wages

of all employees as reported to the Secretary for the first

calendar quarter of the calendar year" in cl. (I), substituted

"wages of all employees as reported to the Secretary of the

Treasury for the calendar year 1973, or, if later, the calendar

year preceding" for "taxable wages of all employees as reported to

the Secretary for the first calendar quarter of 1973, or, if later,

the first calendar quarter of" in cl. (II), and directed that the

average wages for calendar year 1978, or any prior calendar year,

be deemed equal to 400% of the average wages reported for the first

quarter of that year.

1973 - Subsec. (f). Pub. L. 93-66, Sec. 202(a), (b), substituted

in pars. (1), (3), first sentence, and (4)(B), "$200" for "$175".

Subsec. (f)(8)(A). Pub. L. 93-233, Sec. 3(k)(1), substituted:

"with the month of June following" for "with the first month of the

calendar year following", "which ends after the calendar year in

which such benefit increase is effective" for "which ends with the

close of or after the calendar year with the first month of which

such benefit increase is effective", and "during the calendar year

after the calendar year in which the benefit increase is effective"

for "during such calendar year"; and struck out after "such quarter

occurs" and before "a new exempt amount" parenthetical "(along with

the publication of such benefit increased as required by section

415(i)(2)(D) of this title)".

Subsec. (f)(8)(B)(ii). Pub. L. 93-233, Sec. 18(a), substituted

"exempt amount" for "contribution and benefit base" and

"subparagraph (A)" for "section 430(a) of this title",

respectively.

Subsec. (f)(8)(B) foll. (ii). Pub. L. 93-233, Sec. 3(k)(2),

substituted "within 30 days after the close of the base quarter (as

defined in section 415(i)(1)(A) of this title) in such year" for

"no later than August 15 of such year".

Subsec. (f)(8)(C). Pub. L. 93-233, Sec. 3(k)(3), struck out "or

providing a general benefit increase under this subchapter (as

defined in section 415(i)(3) of this title)" after "law increasing

the exempt amount".

Subsec. (h)(1)(A). Pub. L. 93-66, Sec. 202(c), substituted "$200"

for "$175".

1972 - Subsec. (a). Pub. L. 92-336, Sec. 202(a)(2)(A), inserted

"in or deemed to be" after "the table".

Subsec. (a)(2). Pub. L. 92-336, Sec. 202(a)(2)(B), as amended by

Pub. L. 92-603, Secs. 103(c), 144(a)(3), substituted provisions

relating to the reduction in the total benefits for any month after

January 1971 where two or more persons were entitled to monthly

benefits under section 402 or 423 of this title for January 1971 or

any prior month, for provisions relating to the reduction in the

total of benefits for September 1972 or any subsequent month where

two or more persons were entitled to monthly benefits under section

402 or 423 of this title for August, 1972.

Pub. L. 92-336, Sec. 201(b), substituted provisions relating to

the reduction in the total of benefits for September 1972 or any

subsequent month where two or more persons were entitled to monthly

benefits under section 402 or 423 of this title for August 1972,

for provisions relating to the reduction in the total of benefits

for January 1971 or any subsequent month where two or more persons

were entitled to monthly benefits under section 402 or 423 of this

title for January 1971.

Subsec. (a)(2)(B). Pub. L. 92-603, Sec. 144(a)(2), inserted

"such" before "person".

Subsec. (a)(4). Pub. L. 92-336, Sec. 201(h)(1), added par. (4).

Subsec. (a)(5). Pub. L. 92-603, Sec. 101(b), added par. (5).

Subsec. (c). Pub. L. 92-603, Secs. 102(c)(1), 107(b)(1),

substituted "attained age 65 (but only if she became so entitled

prior to attaining age (60), or from any widower's insurance

benefit for any month in which the widower is entitled and has not

attained age 65 (but only if he became so entitled prior to

attaining age 60)" for "attained age 62 (but only if she became so

entitled prior to attaining age 60), or from any widower's

insurance benefit for any month in which the widower is entitled

and has not attained age 62".

Subsec. (f)(1). Pub. L. 92-603, Secs. 102(c)(2), 105(a)(1),

107(b)(2), substituted "attained age 65 (but only if she became so

entitled prior to attaining age 60), or widower's insurance

benefits and has not attained age 65 (but only if she became so

entitled prior to attaining age 60)" for "attained age 62 (but only

if she became so entitled prior to attaining age 60), or widower's

insurance benefits and has not attained age 62" in cl. (D) and

substituted "$175 or the exempt amount as determined under

paragraph (8)" for "$140" in cl. (E).

Subsec. (f)(3). Pub. L. 92-603, Secs. 105(a)(3), 106(a),

substituted "shall be 50 per centum of his earnings for such year

in excess of the product of $175 or the exempt amount as determined

under paragraph (8)," for "shall be his earnings for such year in

excess of the product of $140" and struck out ", except that of the

first $1,200 of such excess (or all of such excess if it is less

than $1,200), an amount equal to one-half thereof shall not be

included" after "number of months in such year" and inserted

provisions for the exclusion of certain earnings in the year of

attaining age 72.

Subsec. (f)(4)(B). Pub. L. 92-603, Sec. 105(a)(1), substituted

"$175 or the exempt amount as determined under paragraph (8)" for

"$140".

Subsec. (f)(8). Pub. L. 92-603, Sec. 105(b), added par. (8).

Subsec. (h)(1)(A). Pub. L. 92-603, Sec. 105(a)(2), substituted

"$175 or the exempt amount as determined under subsection (f)(8) of

this section" for "$140".

1971 - Subsec. (a)(2). Pub. L. 92-5 substituted references to

January 1971 for references to January 1970, substituted "December

1970" for "December 1969", and, in subpar. (B), substituted "prior

to March 17, 1971" for "prior to December 30, 1969 (and prior to

January 1, 1970)", and lowered the multiple of the benefit amount

from 115 percent to 110 percent.

1969 - Subsec. (a)(2). Pub. L. 91-172 substituted references to

January 1970 for references to February 1968, and, in subpar. (B),

substituted "prior to December 30, 1969 (and prior to January 1,

1970)" for "prior to February 1968", and raised the multiple of the

benefit amount from 113 percent to 115 percent.

1968 - Subsec. (a). Pub. L. 90-248, Sec. 163(a)(1), provided for

reduction of benefits in the total of monthly benefits to which

individuals are entitled for any month on the basis of the wages

and self-employment income of an insured individual and that where

such total of benefits for such month includes any benefit or

benefits under section 402(d) of this title which are payable

solely by reason of section 416(h)(3) of this title, the reduction

shall be first applied to reduce (proportionately where there is

more than one benefit so payable) the benefits so payable (but not

below zero).

Subsec. (a)(2). Pub. L. 90-248, Sec. 101(b), substituted

references to February 1968 for former references to December 1964

and for former references to the enactment of the Social Security

Amendments of 1965, increased the multiple of the benefit amount

from 107 to 113 percent, and struck out former cl. (ii) which

provided that the total of monthly benefits shall not be reduced to

less than the larger of the amount determined under subpar. (A) or

with respect to any month after the month in which the Social

Security Amendments of 1965 are enacted, an amount equal to the sum

of the amounts derived by multiplying the benefit amount determined

under this subchapter (including subsection (a) of this section,

but without the application of section 422(b) of this title,

section 402(q) of this title, and subsections (b), (c) and (d) of

this section), as in effect prior to the enactment of such

Amendments, for each such person (other than a person who would not

be entitled to such benefits for such month without the application

of the amendments made by section 306 of the Social Security

Amendments of 1965) for the month of enactment, by 107 percent and

raising each such increased amount, if it is not a multiple of

$0.10, to the next higher multiple of $0.10.

Subsec. (c). Pub. L. 90-248, Sec. 104(d)(1)(A), inserted after

"any subsequent month" in third sentence "; nor shall any deduction

be made under this subsection from any widow's insurance benefit

for any month in which the widow or surviving divorced wife is

entitled and has not attained age 62 (but only if she became so

entitled prior to attaining age 60), or from any widower's

insurance benefit for any month in which the widower is entitled

and has not attained age 62".

Subsec. (f)(1). Pub. L. 90-248, Secs. 104(d)(1)(B), 107(a)(1),

inserted in third sentence subpar. (D) and redesignated existing

provisions as subpar. (E), and substituted "$140" for "125".

Subsec. (f)(2). Pub. L. 90-248, Sec. 104(d)(1)(C), substituted

"(D), and (E)" for "and (D)".

Subsec. (f)(3). Pub. L. 90-248, Sec. 107(a)(1), substituted

"$140" for "$125".

Subsec. (f)(4). Pub. L. 90-248, Sec. 104(d)(1)(D), substituted

"(E)" for "(D)".

Subsec. (f)(4)(B). Pub. L. 90-248, Sec. 107(a)(1), substituted

"$140" for "$125".

Subsec. (g). Pub. L. 90-248, Sec. 161(b), substituted provisions

that the penalty for the first failure to report will equal one

month's benefit, for the second failure to report - two month's

benefits, for the third or a subsequent failure to report - three

month's benefits but in no case will the penalty exceed the number

of months in the period for which there is a failure to report, and

defining "period for which there is a failure to report" for

present provisions that the penalty for the first failure to report

is one month's benefit and for subsequent failures, the penalty is

an amount equal to the total amount of the benefits for all the

months in which the event occurred but was not reported within the

prescribed time.

Subsec. (h)(1)(A). Pub. L. 90-248, Secs. 107(a)(2), 160(a),

inserted last sentence authorizing the Secretary to extend time to

report earnings up to three months if there is a valid reason for

delay, and substituted "$140" for "$125".

Subsec. (h)(2). Pub. L. 90-248, Sec. 160(b), substituted in text

preceding subpar. (A) "by or in accordance with such paragraph" for

"therein".

Subsec. (h)(2)(A). Pub. L. 90-248, Sec. 161(a), inserted

exception provision that if the deduction is less than the amount

of his benefits for the last month for which he was entitled to

benefits, the additional deduction will be the amount of the

deduction under subsec. (b) but not less than ten dollars.

1965 - Subsec. (a)(2). Pub. L. 89-97, Sec. 301(c), substituted

provisions to assure an increase in the family benefits for

families who were on the benefit rolls after December 1964 and

whose benefits were determined under former provisions by providing

that the maximum family benefit of each month after December 1964

will be the larger of (1) the family maximum specified in column V

of the new table or (2) the sum of all family members' benefits

after each such benefit has been increased by seven percent (and

rounded to the next higher ten cents if it is not already a

multiple of ten cents), for former provisions restricting the

reduction of total benefits to individuals entitled to monthly

benefits under section 402 or 423 of this title for December 1958.

Subsec. (a)(3). Pub. L. 89-97, Secs. 301(c), 308(d)(6), struck

out par. (3) which was a special saving clause for maximum family

benefits of people who became disabled before 1959 since families

whose benefits were determined under such par. (3) are now covered

by subsec. (a)(2) of this section, and added par. (3),

respectively.

Subsec. (c). Pub. L. 89-97, Sec. 306(c)(10), (11), inserted in

penultimate sentence "paragraph (1) of section 402(s) of this title

applies or" after "for any month in which" and in last sentence the

introductory phrase "Subject to paragraph (3) of such section

402(s)".

Subsec. (c)(4). Pub. L. 89-97, Sec. 308(d)(7), substituted

"surviving divorced mother" for "former wife divorced".

Subsec. (d)(1). Pub. L. 89-97, Sec. 308(d)(8), inserted "divorced

wife," after "wife,".

Subsec. (f)(1). Pub. L. 89-97, Secs. 306(c)(12), 310(a)(1),

inserted "but subject to section 402(s) of this title" after

"Notwithstanding the preceding provisions of this paragraph" in

last sentence and substituted "$125" for "$100".

Subsec. (f)(3). Pub. L. 89-97, Sec. 310(a)(1), (2), substituted

"$125" for "$100" and "$1,200" for "$500" in two places.

Subsec. (f)(4)(B). Pub. L. 89-97, Sec. 310(a)(1), substituted

"$125" for "$100".

Subsec. (f)(5)(B). Pub. L. 89-97, Sec. 325(a)(1), broke down

existing provisions into cls. (i) and (ii), provided, in cl. (ii),

for exclusion from gross income of amounts provided by subpar. (D)

of this par., and, in cl. (ii), inserted reference to distributive

share of loss described in section 702(a)(9) of Title 26.

Subsec. (f)(5)(D). Pub. L. 89-97, Sec. 325(a)(2), added subpar.

(D).

Subsec. (h)(1)(A). Pub. L. 89-97, Sec. 310(a)(3), substituted

"$125" for "$100".

1961 - Subsec. (f)(3). Pub. L. 87-64 substituted "$500" for

"$300" in two places.

1960 - Subsec. (a)(3). Pub. L. 86-778, Sec. 302(a), substituted

", then such total of benefits shall not be reduced to less than

$99.10 if such primary insurance amount is $66, to less than

$102.40 if such primary insurance amount is $67, to less than

$106.50 if such primary insurance amount is $68, or, if such

primary insurance amount is higher than $68, to less than the

smaller of" for "and is not less than $68, then such total of

benefits shall not be reduced to less than the smaller of" in the

provisions following cl. (B), and "the amount determined under this

subsection without regard to this paragraph, or $206.60, whichever

is larger" for "the last figure in column V of the table appearing

in section 415(a) of this title" in cl. (C).

Subsec. (b). Pub. L. 86-778, Sec. 211(a), amended subsec. (b)

generally, and among other changes, authorized deductions from

payments to which any other persons are entitled on the basis of an

individual's wages and self-employed income, substituted provisions

requiring deductions for months in which an individual is charged

with excess earnings under the provisions of subsec. (f) of this

section for provisions which required deductions for months in

which an individual is charged with any earnings under the

provisions of subsec. (e) of this section, and inserted the second,

third, fourth and fifth sentences. Former cls. (2)-(5) and the

closing paragraph of subsec. (b) are covered by subsec. (c) of this

section.

Subsec. (c). Pub. L. 86-778, Sec. 211(b), redesignated the

opening provisions, cls. (2) to (5) and the closing provisions of

former subsec. (b) of this section as the opening provisions, cls.

(1) to (4) and the closing provisions of subsec. (c), respectively.

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 86-778, Sec. 211(c), added subsec. (d) and

redesignated former subsec. (d) as (e). Provisions of subsec. (d)

were formerly contained in subsec. (c) of this section.

Subsec. (e). Pub. L. 86-778, Sec. 211(c), (d), redesignated

former subsec. (d) as (e), substituted "subsections (c) and (d) of

this section" for "subsections (b) and (c) of this section", and

struck out provisions which required the charging of any earnings

to any month to be treated as an event occurring in such month.

Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 86-778, Sec. 211(c), (e), redesignated

former subsec. (e) as (f), and amended such subsection by inserting

pars. (3) and (7), substituting provisions requiring an amount of

an individual's excess earnings equal to the sum of the payments to

which he and all other persons are entitled for the month under

section 402 of this title on the basis of his wages and

self-employment income (or the total of his excess earnings if such

excess earnings are less than such sum) to be charged to the first

month of the taxable year, and the balance, if any, of such excess

earnings to be charged to each succeeding month in such year to the

extent, in the case of each month, of the sum of the payments to

which such individual and all other persons are entitled for such

month under section 402 of this title on the basis of his wages and

self-employment income, until the total of such excess has been so

charged, for provisions which required the first $80 of earnings in

excess of $1,200 to be charged to the first month of the taxable

year, and the balance, if any, at the rate of $80 per month to each

succeeding month in such year until all of the balance has been

applied, and inserting provisions requiring the excess earnings of

an individual for any taxable year, where an individual is entitled

to benefits under section 402(a) of this title and other persons

are entitled to benefits under section 402 (b), (c), or (d) of this

title on the basis of the wages and self-employment income of such

individual, to be charged in accordance with the provisions of this

subsection before the excess earnings of such persons for a taxable

year are charged to months in such individual's taxable year.

Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 86-778, Secs. 209(a), 211(c), redesignated

former subsec. (f) as (g), and substituted therein "subsection (c)

of this section" for "subsection (b) or (c) of this section" in two

places, and struck out "(other than an event specified in

subsection (b)(1) or (c)(1) of this section)" after "of an event

specified therein." Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 86-778, Sec. 211(c), (f), redesignated

former subsec. (g) as (h), and substituted therein "paragraph (5)

of subsection (f) of this section" for "paragraph (4) of subsection

(e) of this section" in two places, "paragraph (3) of this

subsection" for "paragraph (3) of subsection (g) of this section",

"subsection (b) of this section" for "subsection (b)(1) of this

section" in five places, and "suspend the total or less than the

total payment" for "suspend the payment." Former subsec. (h)

redesignated (i).

Subsec. (i). Pub. L. 86-778, Sec. 211(c), (g), redesignated

former subsec. (h) as (i) and substituted therein "subsection (b),

(c), (g), or (h) of this section" for "subsection (b), (f), or (g)

of this section." Former subsec. (i) was repealed by Act Sept. 1,

1954, ch. 1206, title I, Sec. 112(a), 68 Stat. 1085.

Subsec. (k). Pub. L. 86-778, Sec. 103(b), substituted "the

Commonwealth of Puerto Rico, the Virgin Islands, Guam or American

Samoa" for "Puerto Rico or the Virgin Islands", and "the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American

Samoa" for "Puerto Rico and the Virgin Islands".

Subsec. (l). Pub. L. 86-778, Sec. 211(h), substituted "subsection

(g) or (h)(1)(A) of this section" for "subsection (f) or (g)(1)(A)

of this section".

1958 - Subsec. (a). Pub. L. 85-840, Sec. 101(f), substituted

provisions limiting the total of monthly benefits under sections

402 and 423 of this title to the amount provided in column V of the

table in section 415(a) of this title for provisions which limited

the total of monthly benefits under section 402 of this title to

$50, or 80% of the average monthly wage, or one and one-half times

the primary insurance amount, whichever is greater, with a maximum

amount of $200 and inserted provisions limiting the reduction for

individuals who were entitled to monthly benefits under section 402

or 423 of this title for December 1958, and for individuals

entitled to monthly benefits with respect to whom a period of

disability began prior to January 1959 and continued until he

became entitled to benefits under section 402 or 423 of this title,

or he died, whichever first occurred.

Subsec. (c). Pub. L. 85-840, Sec. 205(j), inserted ", based on

the wages and self-employment income of an individual entitled to

old-age insurance benefits," before "to which a wife" in opening

provisions of par. (1), and Pub. L. 85-840, Sec. 307(f), designated

existing provisions of subsec. (c) as par. (1), redesignated

subpars. (1) and (2) of par. (1) as subpars. (A) and (B),

substituted in subpar. (B) of par. (1) "subparagraph (A)" for

"paragraph (1)", and added par. (2).

Subsec. (e)(2). Pub. L. 85-840, Sec. 308(a), (c), substituted

"first month" for "last month" and "succeeding month" for

"preceding month" wherever appearing, and "$100" for "$80" in cl.

(D).

Subsec. (e)(3). Pub. L. 85-840, Sec. 308(b), (c), substituted

"the term 'first month of such taxable year' means the earliest

month" for "the term 'last month of such taxable year' means the

latest month" in cl. (A), and "$100" for "$80" in cl. (B)(ii).

Subsec. (g)(1). Pub. L. 85-840, Sec. 308(d), designated existing

provisions thereof as subpar. (A) and inserted provisions therein

dispensing with the need for a report for any taxable year if

benefit payments for all months (in such taxable year) in which

such individual is under age 72 have been suspended under the

provisions of the first sentence of par. (3) of this subsection,

and added subpar. (B).

Subsec. (h). Pub. L. 85-840, Sec. 205(k), struck out provisions

that related to reductions by reason of the provisions of section

424 of this title.

Subsec. (l). Pub. L. 85-840, Sec. 308(e), substituted "(g)(1)(A)

of this section" for "(g) of this section".

1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 101(d), inserted

"after any deductions under section 422(b) of this title, and after

any reduction under section 424 of this title" in two places.

Subsec. (b). Act Aug. 1, 1956, Sec. 101(e), inserted paragraph

providing that a child should not be considered to be entitled to a

child's insurance benefit for any month in which an event specified

in section 422(b) of this title occurs with respect to such child,

and prohibiting any deduction from any child's insurance benefit

for the month in which the child entitled to such benefit attained

the age of 18 or any subsequent month.

Subsec. (b)(3). Act Aug. 1, 1956, Sec. 102(d)(11), substituted

"age 65" for "retirement age" and inserted "any such wife's

insurance benefit for such month was not reduced under the

provisions of section 402(q) of this title".

Subsec. (d). Act Aug. 1, 1956, Sec. 101(f), included events

specified in section 422(b) of this title.

Subsec. (e)(4)(C). Act Aug. 1, 1956, Sec. 112(a), inserted "or

performed outside the United States in the active military or naval

service of the United States" after "performed within the United

States by the individual as an employee".

Subsec. (g)(1). Act Aug. 1, 1956, Sec. 107(a), permitted reports

to be made on or before the fifteenth day of the fourth month

following the close of the year.

Subsec. (h). Act Aug. 1, 1956, Sec. 101(g), included deductions

by reason of the provisions of section 422(b) of this title, and

reductions by reason of the provisions of section 424 of this

title.

Subsec. (k). Act Aug. 1, 1956, Sec. 112(b), inserted "and are not

performed in the active military or naval service of the United

States" after "section 410 of this title".

1954 - Subsec. (a). Act Sept. 1, 1954, Sec. 102(e)(7), increased

maximum limitations on the total monthly amount of benefits.

Subsec. (b)(1), (2). Act Sept. 1, 1954, Sec. 103(a), (i)(3), put

into effect an annual retirement test for beneficiaries whether

they have wage or self-employment earnings, or both, inserted

provision for making deductions on account of nonrecovered

remunerative activity outside the United States, and provided that

deductions because of such provisions be made from an individual's

benefits only for months in which he is under the age of 72, rather

than 75.

Subsec. (c). Act Sept. 1, 1954, Sec. 103(b), (i)(3), provided

that deductions be made from a dependent's benefits for any month

in which the primary beneficiary was under the age of 72, and for

which he was charged with any earnings for work deduction purposes

under subsec. (e) or on 7 or more different calendar days of which

he engaged in noncovered remunerative activity outside the United

States.

Subsec. (d). Act Sept. 1, 1954, Sec. 103(c), provided that the

charging of earnings shall be treated as an event occurring in the

month to which such earnings are charged.

Subsec. (e)(1), (2). Act Sept. 1, 1942, Sec. 103(d)(1), (2),

(i)(3), provided a method for charging earnings to particular

months of the year for purposes of determining the deductions

required under subsecs. (b) and (c).

Subsec. (e)(3)(B). Act Sept. 1, 1954, Sec. 103(d)(3), provided

authority to presume, for purposes of charging earnings to calendar

months, that an individual rendered services for wages of more than

$80 in any month.

Subsec. (e)(4), (5). Act Sept. 1, 1954, Sec. 103(d)(4), added

pars. (4) and (5).

Subsec. (f). Act Sept. 1, 1954, Sec. 103(e), clarified the

penalty provisions.

Subsec. (g). Act Sept. 1, 1954, Sec. 103(f)(1), amended heading.

Subsec. (g)(1). Act Sept. 1, 1954, Sec. 103(f)(2), (3), provided

that if an individual entitled to any monthly benefit in a taxable

year has earnings or wages in excess of $100 times the number of

months in such year, he must make a report to the Secretary of his

earnings for such taxable year, and substituted "seventy-two" for

"seventy-five".

Subsec. (g)(2). Act Sept. 1, 1954, Sec. 103(f)(4), provided a

schedule of penalty deductions for failure to make required reports

within the time prescribed by subsec. (g)(1) if any deduction is

imposed because of earnings in such year.

Subsec. (g)(3). Act Sept. 1, 1954, Sec. 103(f)(5), substituted

"subsection (b)(1)" for "subsection (b)(2)", "earnings" for "net

earnings from self-employment", and "such earnings" for "such net

earnings", and added a new sentence at the end.

Subsec. (i). Act Sept. 1, 1954, Sec. 112(a), repealed subsec.

(i), effective Sept. 1, 1954, and also provided that no deductions

should be made pursuant to such subsec. (i) from any benefits for

any month after August 1954.

Subsec. (j). Act Sept. 1, 1954, Sec. 103(f)(6), (i)(3),

substituted "seventy-two" for "seventy-five".

Subsec. (k). Act Sept. 1, 1954, Sec. 103(g), added subsec. (k).

Subsec. (l). Act Sept. 1, 1954, Sec. 103(h), added subsec. (l).

1952 - Subsec. (a). Act July 18, 1952, Sec. 2(b)(2), increased

the maximum and minimum monthly benefits payable a family.

Subsecs. (b)(1), (2), (c)(1), (2), (e), (g). Act July 18, 1952,

Sec. 4(a)-(d), substituted $75 for $50 wherever appearing.

1950 - Subsec. (a). Act Aug. 28, 1950, Sec. 102(a), amended

subsec. (a) generally to consolidate provisions of former subsecs.

(a) to (c) of this section and to liberalize the maximum amount of

monthly benefits payable.

Subsec. (b). Act Aug. 28, 1950, Sec. 103(a), provided that

deductions are to be made from benefits for any month in which a

beneficiary is under age 75 and either renders services for wages

of more than $50, or is charged with net earnings from

self-employment of more than $50, and provided that deductions are

to be made for any month in which a wife, widow or divorced wife

does not have in her care a child or her husband or former husband

entitled to a child's insurance benefit.

Subsec. (c). Act Aug. 28, 1950, Sec. 103(a), provided for the

making of deductions from dependents benefits for any month in

which the old-age beneficiary suffers a reduction in his benefit.

Subsec. (d). Act Aug. 28, 1950, Sec. 103(a), inserted second

sentence.

Subsec. (e). Act Aug. 28, 1950, Sec. 103(a), provided the method

for charging net earnings from self-employment to the particular

months of the taxable year for the purpose of determining

deductions under subsecs. (b)(2) and (c)(2) of this section.

Subsec. (f). Act Aug. 28, 1950, Sec. 103(a), continued provisions

requiring the reporting of any event which causes a deduction from

benefits.

Subsec. (g). Act Aug. 28, 1950, Sec. 103(a), outlined

circumstances under which beneficiaries with net earnings from

self-employment are required to file report with the Federal

Security Administrator.

Subsec. (h). Act Aug. 28, 1950, Sec. 103(a), pointed out

circumstances under which deductions otherwise required under

subsecs. (b), (f), and (g) of this section will not be made.

Subsecs. (i), (j). Act Aug. 28, 1950, Sec. 103(a), added subsecs.

(i) and (j).

1946 - Subsec. (g). Act Aug. 10, 1946, Sec. 406(b), inserted

exception limiting the first deduction for failure to report to one

month's benefit.

Subsec. (d)(2). Act Aug. 10, 1946, Sec. 406(a), struck out par.

(2) which related to deductions for failure to attend school.

1939 - Act Aug. 10, 1939, amended section generally.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-182 applicable with respect to taxable

years ending after Dec. 31, 1999, see section 5 of Pub. L. 106-182,

set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 102(c) of Pub. L. 104-121 provided that: "The amendments

made by this section [amending this section and section 423 of this

title] shall apply with respect to taxable years ending after

1995."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 309(e)(1) of Pub. L. 103-296 provided that: "The

amendments made by subsections (a), (b), and (c) [amending this

section] shall apply with respect to benefits payable for months

after December 1995."

Section 310(c) of Pub. L. 103-296 provided that: "The amendments

made by this section [amending this section] shall apply for the

purpose of determining the total monthly benefits to which

beneficiaries may be entitled under sections 202 and 223 of the

Social Security Act [sections 402 and 423 of this title] based on

the wages and self-employment income of an individual who -

"(1) becomes entitled to an old-age insurance benefit under

section 202(a) of such Act,

"(2) becomes reentitled to a disability insurance benefit under

section 223 of such Act, or

"(3) dies,

after December 1995."

Section 314(b) of Pub. L. 103-296 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to reports of earnings for taxable years ending on or after

December 31, 1994."

Section 321(g)(3)(B) of Pub. L. 103-296 provided that: "The

amendment made by paragraph (2) [amending this section] shall be

effective with respect to the determination of the exempt amounts

applicable to any taxable year ending after 1994."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5117(a)(4) of Pub. L. 101-508 provided that:

"(A) In general. - Except as provided in subparagraph (B), the

amendments made by this subsection [amending this section and

section 415 of this title] shall apply with respect to the

computation of the primary insurance amount of any insured

individual in any case in which a person becomes entitled to

benefits under section 202 or 223 [section 402 or 423 of this

title] on the basis of such insured individual's wages and

self-employment income for months after the 18-month period

following the month in which this Act is enacted [November 1990],

except that such amendments shall not apply if any person is

entitled to benefits based on the wages and self-employment income

of such insured individual for the month preceding the initial

month of such person's entitlement to such benefits under section

202 or 223.

"(B) Recomputations. - The amendments made by this subsection

shall apply with respect to any primary insurance amount upon the

recomputation of such primary insurance amount if such

recomputation is first effective for monthly benefits for months

after the 18-month period following the month in which this Act is

enacted."

Section 5119(e) of Pub. L. 101-508 provided that:

"(1) In general. - The amendments made by this section [amending

this section and section 416 of this title] shall apply with

respect to benefits for months after December 1990.

"(2) Application requirement. -

"(A) General rule. - Except as provided in subparagraph (B),

the amendments made by this section shall apply only with respect

to benefits for which application is filed with the Secretary of

Health and Human Services after December 31, 1990.

"(B) Exception from application requirement. - Subparagraph (A)

shall not apply with respect to the benefits of any individual if

such individual is entitled to a benefit under subsection (b),

(c), (e), or (f) of section 202 of the Social Security Act

[section 402(b), (c), (e), or (f) of this title] for December

1990 and the individual on whose wages and self-employment income

such benefit for December 1990 is based is the same individual on

the basis of whose wages and self-employment income application

would otherwise be required under subparagraph (A)."

Section 5123(b) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section, section 411 of this

title, and section 1402 of Title 26, Internal Revenue Code] shall

apply with respect to income received for services performed in

taxable years beginning after December 31, 1990."

Section 5127(c) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to benefits for months after December 1990."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 10208(b)(1)(A), (B) of Pub. L. 101-239

applicable with respect to computation of average total wage

amounts (under amended provisions) for calendar years after 1990,

see section 10208(c) of Pub. L. 101-239, set out as a note under

section 430 of this title.

Section 10305(f) of Pub. L. 101-239 provided that: "The

amendments made by this section [amending this section and sections

404, 423, and 1383 of this title] shall apply with respect to

determinations made on or after July 1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8002(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply to deaths

after the date of the enactment of this Act [Nov. 10, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 12108(b) of Pub. L. 99-272, as amended by Pub. L. 99-514,

title XVIII, Sec. 1895(a), Oct. 22, 1986, 100 Stat. 2931, provided

that: "The amendments made by subsection (a) [amending this

section] shall apply with respect to benefits payable for months

after December 1986."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2602(b) of Pub. L. 98-369 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

upon the date of the enactment of this Act [July 18, 1984]."

Section 2661(g)(1)(B) of Pub. L. 98-369 provided that: "The

amendments made by subparagraph (A) [amending this section] shall

apply only with respect to months beginning with the second month

after the month in which this Act is enacted [July 1984]."

Section 2661(g)(2)(B) of Pub. L. 98-369 provided that: "The

amendment made by subparagraph (A) [amending this section] shall be

effective as though it had been enacted on April 20, 1983, as a

part of section 201 of the Social Security Amendments of 1983

[section 201 of Pub. L. 98-21]."

Amendment by section 2662(c)(1) of Pub. L. 98-369 effective as

though included in the enactment of the Social Security Amendments

of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set

out as a note under section 401 of this title.

Amendment by section 2663(a)(3) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 111(a)(4) of Pub. L. 98-21 applicable with

respect to cost-of-living increases determined under section 415(i)

of this title for years after 1982, see section 111(a)(8) of Pub.

L. 98-21, set out as a note under section 402 of this title.

Section 132(c)(2) of Pub. L. 98-21 provided that: "The amendments

made by subsection (b) [amending this section] shall apply with

respect to monthly insurance benefits for months after December

1984."

Amendment by sections 306(i) and 309(f)-(h) of Pub. L. 98-21

applicable only with respect to monthly payments payable under this

subchapter for months after April, 1983, see section 310 of Pub. L.

98-21, set out as a note under section 402 of this title.

Amendment by section 324(c)(4) of Pub. L. 98-21 applicable to

remuneration paid after Dec. 31, 1983, except for certain employer

contributions made during 1984 under a qualified cash or deferred

arrangement, and except in the case of an agreement with certain

nonqualified deferred compensation plans in existence on Mar. 24,

1983, see section 324(d) of Pub. L. 98-21, set out as a note under

section 3121 of Title 26, Internal Revenue Code.

Section 331(c) of Pub. L. 98-21 provided that: "The amendments

made by subsection (a) [amending this section] shall be effective

with respect to payments made for months after December 1983."

Section 347(b) of Pub. L. 98-21 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to taxable years beginning after December 1989, and

only in the case of individuals who have attained retirement age

(as defined in section 216(l) of the Social Security Act [42 U.S.C.

416(l)]."

EFFECTIVE DATE OF 1981 AMENDMENTS

Amendment by section 2201(c)(6) of Pub. L. 97-35 and by section

2(f) of Pub. L. 97-123, applicable with respect to benefits for

months after December 1981 with certain exceptions, see section

2(j)(2)-(4) of Pub. L. 97-123, set out as a note under section 415

of this title.

Amendment by section 2206(b)(2)-(4) of Pub. L. 97-35 applicable

only with respect to initial calculations and adjustments of

primary insurance amounts and benefit amounts which are

attributable to periods after August 1981, see section 2206(c) of

Pub. L. 97-35, set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 1(b) of Pub. L. 96-473 provided that: "The amendment made

by subsection (a) [amending this section] shall apply with respect

to monthly benefits payable for months after December 1977."

Section 3(b) of Pub. L. 96-473 provided that: "The amendment made

by subsection (a) [amending this section] shall apply with respect

to taxable years ending after December 31, 1977, but only with

respect to benefits payable for months after December 1977."

Section 4(b) of Pub. L. 96-473 provided that: "The amendment made

by subsection (a) [amending this section] shall apply with respect

to monthly benefits payable for months after December 1977."

Section 101(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and section 415 of this

title] shall apply only with respect to monthly benefits payable on

the basis of the wages and self-employment income of an individual

who first becomes eligible for benefits (determined under sections

215(a)(3)(B) and 215(a)(2)(A) of the Social Security Act [section

415(a)(3)(B) and (2)(A) of this title], as applied for this

purpose) after 1978, and who first becomes entitled to disability

insurance benefits after June 30, 1980."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by section 202 of Pub. L. 95-216 effective with respect

to monthly benefits under this subchapter payable for months after

Dec. 1978 and with respect to lump-sum death payments with respect

to deaths occurring after such month, and amendment by section

204(e) of Pub. L. 95-216 effective with respect to monthly benefits

for months after May 1978, see section 206 of Pub. L. 95-216, set

out as a note under section 402 of this title.

Section 301(e) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to taxable years ending after December 1977."

Section 302(e) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section] shall apply only with

respect to taxable years ending after December 31, 1981."

Section 303(b) of Pub. L. 95-216 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to monthly benefits payable for months after December

1977."

Amendment by section 353(a) of Pub. L. 95-216 effective Jan. 1,

1979, see section 353(g) of Pub. L. 95-216, set out as a note under

section 418 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 202(d) of Pub. L. 93-66 provided that: "The amendments

made by this section [amending this section] shall be effective

with respect to taxable years beginning after December 31, 1973."

EFFECTIVE DATE OF 1972 AMENDMENTS

Amendment by section 101(b) of Pub. L. 92-603 applicable with

respect to monthly insurance benefits under this subchapter for

months after December 1972 and with respect to lump-sum death

payments under this subchapter in the case of deaths occurring

after such month, see section 101(g) of Pub. L. 92-603, set out as

a note under section 415 of this title.

Section 202(a)(2)(A), (B) of Pub. L. 92-336 provided that the

amendments made by that section are effective Jan. 1, 1974.

Amendment by section 201(b) of Pub. L. 92-336 applicable with

respect to monthly benefits under subchapter II of this chapter for

months after August 1972 and with respect to lump-sum death

payments under such subchapter in the case of deaths occurring

after such month, see section 201(i) of Pub. L. 92-336, set out as

a note under section 415 of this title.

Section 144(b) of Pub. L. 92-603 provided that: "The amendments

made by each of the paragraphs in subsection (a) [amending this

section and sections 415 and 430 of this title] shall be effective

in like manner as if such amendment had been included in title II

of Public Law 92-336 in the particular provision of such title

referred to in such paragraph."

Amendment by section 201(h)(1) of Pub. L. 92-336 applicable with

respect to monthly benefits under subchapter II of this chapter for

months after December 1971, see section 201(i) of Pub. L. 92-336,

set out as a note under section 415 of this title.

Amendment by section 102(c) of Pub. L. 92-603 applicable with

respect to monthly benefits under this subchapter for months after

December 1972, see section 102(i) of Pub. L. 92-603, set out as a

note under section 402 of this title.

Amendment by section 107(b)(1), (2) of Pub. L. 92-603 applicable

with respect to monthly benefits under this subchapter for months

after December 1972, with specified exceptions, see section 107(c)

of Pub. L. 92-603, set out as a note under section 402 of this

title.

Section 105(c) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to taxable years ending after December 1972."

Section 106(b) of Pub. L. 92-603 provided that: "The amendment

made by subsection (a) [amending this section to provide for the

exclusion of certain earnings in year of attaining age 72] shall

apply with respect to taxable years ending after December 1972."

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-5 applicable with respect to monthly

benefits under subchapter II of this chapter for months after

December 1970 and with respect to lump-sum death payments under

such subchapter in the case of deaths occurring in and after March

1971, see section 201(e) of Pub. L. 92-5, set out as a note under

section 415 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 applicable with respect to monthly

benefits under this subchapter for months after December 1969 and

with respect to lump-sum death payments under such subchapter in

the case of deaths occurring after December 1969, see section

1002(e) of Pub. L. 91-172, set out as a note under section 415 of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 101(b) of Pub. L. 90-248 applicable with

respect to monthly benefits and lump-sum death benefits in the case

of deaths occurring after January 1968, under this subchapter for

months after January 1968, see section 101(e) of Pub. L. 90-248,

set out as a note under section 415 of this title.

Amendment by section 104(d)(1) of Pub. L. 90-248 applicable with

respect to monthly benefits under this subchapter for and after the

month of February 1968, but only on the basis of applications for

such benefits filed in or after January 1968, see section 104(e) of

Pub. L. 90-248, set out as a note under section 402 of this title.

Section 107(b) of Pub. L. 90-248 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to taxable years ending after December 1967."

Section 163(a)(2) of Pub. L. 90-248 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply only with

respect to monthly benefits payable under title II of the Social

Security Act [this subchapter] with respect to individuals who

become entitled to benefits under section 202(d) of such Act

[section 402(d) of this title] solely by reason of section

216(h)(3) of such Act [section 416(h)(3) of this title] in or after

January 1968 (but without regard to section 202(j)(1) of such Act

[section 402(j)(1) of this title]). The provisions of section 170

of this Act [set out as Savings Provisions note below] shall not

apply with respect to any such individual."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 301(c) of Pub. L. 89-97 applicable with

respect to monthly benefits under this subchapter for months after

December 1964 and with respect to lump-sum death benefits payments

under this subchapter in the case of deaths occurring in or after

July 1965, see section 301(d) of Pub. L. 89-97, set out as a note

under section 415 of this title.

Amendment by section 308(d)(6)-(8) of Pub. L. 89-97 applicable

with respect to monthly insurance benefits under this subchapter

beginning with the second month following July 1965, but, in the

case of an individual who was not entitled to a monthly insurance

benefit under section 402 of this title for the first month

following July 1965, only on the basis of an application filed in

or after July 1965, see section 308(e) of Pub. L. 89-97, set out as

a note under section 402 of this title.

Section 310(b) of Pub. L. 89-97 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to taxable years ending after December 31, 1965."

Section 325(b) of Pub. L. 89-97 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to the computation of net earnings from self-employment and

the net loss from self-employment for taxable years beginning after

1964."

EFFECTIVE DATE OF 1961 AMENDMENT

Section 108(b) of Pub. L. 87-64 provided that: "The amendment

made by subsection (a) [amending this section] shall apply in the

case of taxable years ending after the enactment of this Act [June

30, 1961]."

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by section 103(b) of Pub. L. 86-778 applicable only

with respect to service performed after 1960, except that insofar

as the carrying on of a trade or business (other than performance

of service as an employee) is concerned, the amendment shall be

applicable only in the case of taxable years beginning after 1960,

see section 103(v)(1) of Pub. L. 86-778, set out as a note under

section 402 of this title.

Section 211(p)-(s) of Pub. L. 86-778 provided that:

"(p) Section 203(c), (d), (e), (g), and (i) of the Social

Security Act [subsecs. (c), (d), (e), (g), and (i) of this section]

as amended by this Act shall be effective with respect to monthly

benefits for months after December 1960.

"(q) Section 203(b), (f), and (h) of the Social Security Act

[subsecs. (b), (f), and (h) of this section] as amended by this Act

shall be effective with respect to taxable years beginning after

December 1960.

"(r) Section 203(l) of the Social Security Act [subsec. (l) of

this section] as amended by this Act, to the extent that it applies

to section 203(g) of the Social Security Act as amended by this

Act, shall be effective with respect to monthly benefits for months

after December 1960 and, to the extent that it applies to section

203(h)(1)(A) of the Social Security Act as amended by this Act,

shall be effective with respect to taxable years beginning after

December 1960.

"(s) The amendments made by subsections (i), (j), (k), (l), (m),

(n), and (o) [amending sections 402, 408, and 415 of this title and

sections 228c and 228e of Title 45, Railroads], to the extent that

they make changes in references to provisions of section 203 of the

Social Security Act [this section], shall take effect in the manner

provided in subsections (p) and (q) of this section for the

provisions of such section 203 to which the respective references

so changed relate."

Section 302(b) of Pub. L. 86-778 provided that: "The amendments

made by subsection (a) [amending this section] shall apply only in

the case of monthly benefits under section 202 or section 223 of

the Social Security Act [section 402 or section 423 of this title]

for months after the month following the month in which this Act is

enacted [September 1960], and then only (1) if the insured

individual on the basis of whose wages and self-employment income

such monthly benefits are payable became entitled (without the

application of section 202(j)(1) or section 223(b) of such Act) to

benefits under section 202(a) or section 223 of such Act after the

month following the month in which this Act is enacted, or (2) if

such insured individual died before becoming so entitled and no

person was entitled (without the application of section 202(j)(1)

or section 223(b) of such Act) on the basis of such wages and

self-employment income to monthly benefits under title II of the

Social Security Act [this subchapter] for the month following the

month in which this Act is enacted [September 1960] or any prior

month."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 101(f) of Pub. L. 85-840 applicable in the

case of monthly benefits under subchapter II of this chapter for

months after December 1958, and in the case of lump-sum death

payments under subchapter II of this chapter, with respect to

deaths occurring after such month, see section 101(g) of Pub. L.

85-840, set out as a note under section 415 of this title.

Amendment by section 205(j) of Pub. L. 85-840 applicable with

respect to monthly benefits under this subchapter for months after

August 1958, but only if an application for such benefits is filed

on or after Aug. 28, 1958, and amendment by section 205(k) of Pub.

L. 85-840 applicable with respect to monthly benefits under this

subchapter for August 1958 and succeeding months, see section

207(a) of Pub. L. 85-840, set out as a note under section 416 of

this title.

Section 307(h)(2) of Pub. L. 85-840 provided that: "The

amendments made by subsection (f) [amending this section] shall

apply with respect to monthly benefits under subsection (d) or (g)

of section 202 of the Social Security Act [section 402 of this

title] for months in any taxable year, of the individual to whom

the person entitled to such benefits is married, beginning after

the month in which this Act is enacted [August 1958]."

Section 308(f) of Pub. L. 85-840 provided that: "The amendments

made by this section [amending this section] shall be applicable

with respect to taxable years beginning after the month in which

this Act is enacted [August 1958]."

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by section 101(d)-(g) of act Aug. 1, 1956, applicable

with respect to monthly benefits under section 402 of this title

for months after December 1956, but only on the basis of an

application filed after September 1956, see section 101(h) of act

Aug. 1, 1956, set out as a note under section 402 of this title.

Section 107(a) of act Aug. 1, 1956, provided that the amendment

made by that section is applicable in the case of monthly benefits

under this subchapter for months in any taxable year (of the

individual entitled to such benefits) beginning after 1954.

Section 112(c) of act Aug. 1, 1956, provided that: "The

amendments made by subsections (a) and (b) [amending this section]

shall be applicable with respect to taxable years ending after

1955."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 103(i)(3) of act Sept. 1, 1954, provided that:

"Subsections (b)(1), (b)(2), (c), (e), and (j) of section 203 of

the Social Security Act [this section] as in effect prior to the

enactment of this Act, to the extent they are in effect with

respect to months after 1954, are each amended by striking out

'seventy-five' and inserting in lieu thereof 'seventy-two', but

only with respect to such months after 1954."

Amendment by section 102(e)(7) of act Sept. 1, 1954, applicable

in the case of lump-sum death payments under section 402 of this

title with respect to deaths occurring, and in the case of monthly

benefits under such section for months after, August 1954, see

section 102(f) of act Sept. 1, 1954, as amended, set out as a note

under section 415 of this title.

Section 103(i)(1), (2) of act Sept. 1, 1954, provided that:

"(1) The amendments made by subsection (f) and by paragraph (1)

of subsection (a) of this section [amending this section] shall be

applicable in the case of monthly benefits under title II of the

Social Security Act [this subchapter] for months in any taxable

year (of the individual entitled to such benefits) beginning after

December 1954. The amendments made by paragraph (1) of subsection

(b) of this section [amending this section] shall be applicable in

the case of monthly benefits under such title II for months in any

taxable year (of the individual on the basis of whose wages and

self-employment income such benefits are payable) beginning after

December 1954. The amendments made by subsections (e) and (g), and

by paragraph (2) of subsection (a) and paragraph (2) of subsection

(b) [amending this section] shall be applicable in the case of

monthly benefits under such title II for months after December

1954. The remaining amendments made by this section (other than

subsection (h)) [amending this section] shall be applicable,

insofar as they are related to the monthly benefits of an

individual which are based on his wages and self-employment income,

in the case of monthly benefits under such title II for months in

any taxable year (of such individual) beginning after December 1954

and, insofar as they are related to the monthly benefits of an

individual which are based on the wages and self-employment income

of someone else, in the case of monthly benefits under such title

II for months in any taxable year (of the individual on whose wages

and self-employment income such benefits are based) beginning after

December 1954.

"(2) No deduction shall be imposed on or after the date of the

enactment of this Act [Sept. 1, 1954] under subsection (f) or (g)

of section 203 of the Social Security Act [subsec. (f) or (g) of

this section], as in effect prior to such date, on account of

failure to file a report of an event described in subsection

(b)(1), (b)(2), or (c)(1) of such section (as in effect prior to

such date); and no such deduction imposed prior to such date shall

be collected after such date. In determining whether, under section

203(g)(2) of the Social Security Act, as amended by this Act, a

failure to file a report is a first or subsequent failure, any

failure with respect to a taxable year which began prior to January

1955 shall be disregarded."

EFFECTIVE DATE OF 1952 AMENDMENT

For effective date of amendment by section 2(b)(2) of act July

18, 1952, see section 2(c)(2) of act July 18, 1952, set out as a

note under section 415 of this title.

Section 4(e) of act July 18, 1952, provided that: "The amendments

made by subsection (a) [amending this section] shall apply in the

case of monthly benefits under title II of the Social Security Act

[this subchapter] for months after August 1952. The amendments made

by subsection (b) [amending this section] shall apply in the case

of monthly benefits under such title II for months in any taxable

year (of the individual entitled to such benefits) ending after

August 1952. The amendments made by subsection (c) [amending this

section] shall apply in the case of monthly benefits under such

title II for months in any taxable year (of the individual on the

basis of whose wages and self-employment income such benefits are

payable) ending after August 1952. The amendments made by

subsection (d) [amending this section] shall apply in the case of

taxable years ending after August 1952. As used in this subsection,

the term "taxable year" shall have the meaning assigned to it by

section 211(e) of the Social Security Act [section 411(e) of this

title]."

EFFECTIVE DATE OF 1950 AMENDMENT

Section 102(b) of act Aug. 28, 1950, provided that: "The

amendment made by subsection (a) of this section [amending this

section] shall be applicable with respect to benefits for months

after August 1950."

Section 103(b) of act Aug. 28, 1950, provided that: "The

amendments made by this section [amending this section] shall take

effect September 1, 1950, except that the provisions of subsections

(d), (e), and (f) of section 203 of the Social Security Act [this

section] as in effect prior to the enactment of this Act [Aug. 28,

1950] shall be applicable for months prior to September 1950."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

SAVINGS PROVISION

Section 201(h)(2) of Pub. L. 92-336 provided that: "In any case

in which the provisions of section 1002(b)(2) of the Social

Security Amendments of 1969 [set out as a note under this section]

were applicable with respect to benefits for any month in 1970, the

total of monthly benefits as determined under section 203(a) of the

Social Security Act [subsec. (a) of this section] shall, for months

after 1970, be increased to the amount that would be required in

order to assure that the total of such monthly benefits (after the

application of section 202(q) of such Act [section 402(q) of this

title]) will not be less than the total of monthly benefits that

was applicable (after the application of such sections 203(a) and

202(q)) for the first month for which the provisions of such

section 1002(b)(2) applied."

Section 1002(b)(2) of Pub. L. 91-172 provided that:

"Notwithstanding any other provisions of law, when two or more

persons are entitled to monthly insurance benefits under title II

of the Social Security Act [this subchapter] for any month after

1969 on the basis of the wages and self-employment income of an

insured individual (and at least one of such persons was so

entitled for a month before January 1971 on the basis of an

application filed before 1971), the total of the benefits to which

such persons are entitled under such title of such month (after the

application of sections 203(a) and 202(q) of such Act [subsec. (a)

of this section and section 402(q) of this title]) shall be not

less than the total of the monthly insurance benefits to which such

persons would be entitled under such title for such month (after

the application of such sections 203(a) and 202(q)) without regard

to the amendment made by subsection (a) of this section [amending

section 415 of this title]."

Section 170 of Pub. L. 90-248 provided that: "Where -

"(1) one or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [section

402(j)(1) of this title]) to monthly benefits under section 202

or 223 of such Act [section 402 or 423 of this title] for January

1968 on the basis of the wages and self-employment income of an

individual, and

"(2) one or more persons (not included in paragraph (1)) become

entitled to monthly benefits under such section 202 [section 402

of this title] for February 1968 on the basis of such wages and

self-employment by reason of the amendments made to such Act

[this chapter] by sections 104 [amending this section and

sections 402, 416, 422, and 425 of this title], 112 [amending

section 402 of this title], 150 [amending section 416 of this

title], 151 [amending section 402 of this title and section 228

of Title 45, Railroads], 156 [amending section 416 of this

title], and 157 of this Act [amending section 402 and 402 note of

this title], and

"(3) the total of benefits to which all persons are entitled

under such section 202 or 223 [section 402 or 423 of this title]

on the basis of such wages and self-employment for February 1968

are reduced by reason of section 203(a) of such Act, as amended

by this Act (or would, but for the penultimate sentence of such

section 203(a), be so reduced),

then the amount of the benefit to which each such person referred

to in paragraph (1) is entitled for months after January 1968 shall

be increased, after the application of such section 203(a) [subsec.

(a) of this section], to the amount it would have been if the

person or persons referred to in paragraph (2) were not entitled to

a benefit referred to in such paragraph."

Section 102(h) of act Sept. 1, 1954, provided that:

"(1) Where -

"(A) an individual was entitled (without the application of

section 202(j)(1) of the Social Security Act [section 402(j)(1)

of this title]) to an old-age insurance benefit under title II of

such Act [this subchapter] for August 1954;

"(B) one or more other persons were entitled (without the

application of such section 202(j)(1) [section 402(j)(1) of this

title]) to monthly benefits under such title for such month on

the basis of the wages and self-employment income of such

individual; and

"(C) the total of the benefits to which all persons are

entitled under such title on the basis of such individual's wages

and self-employment income for any subsequent month for which he

is entitled to an old-age insurance benefit under such title,

would (but for the provisions of this paragraph) be reduced by

reason of the application of section 203(a) of the Social

Security Act [subsec. (a) of this section], as amended by this

Act,

then the total of benefits referred to in clause (C) for such

subsequent month shall be reduced to whichever of the following is

the larger -

"(D) the amount determined pursuant to section 203(a) of the

Social Security Act [subsec. (a) of this section], as amended by

this Act; or

"(E) the amount determined pursuant to such section, as in

effect prior to the enactment of this Act [Sept. 1, 1954], for

August 1954 plus the excess of (i) the amount of his old-age

insurance benefit for such month computed as if the amendments

made by the preceding subsections of this section [amending this

section and section 415 of this title] had been applicable in the

case of such benefit for such month over (ii) the amount of his

old-age insurance benefit for such month, or

"(F) the amount determined pursuant to section 2(d)(1) of the

Social Security Act Amendments of 1952 [set out as a note under

section 415 of this title] for August 1954 plus the excess of (i)

the amount of his old-age insurance benefit for such month

computed as if the amendments made by the preceding subsections

of this section had been applicable in the case of such benefit

for such month over (ii) the amount of his old-age insurance

benefit for such month.

"(2) Where -

"(A) two or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [section

402(j)(1) of this title]) to monthly benefits under title II of

such Act [this subchapter] for August 1954 on the basis of the

wages and self-employment income of a deceased individual; and

"(B) to total of the benefits to which all such persons are

entitled on the basis of such deceased individual's wages and

self-employment income for any subsequent month would (but for

the provisions of this paragraph) be reduced by reason of the

application of the first sentence of section 203(a) of the Social

Security Act [subsec. (a) of this section], as amended by this

Act,

then, notwithstanding any other provision in title II of the Social

Security Act [this subchapter], such deceased individual's average

monthly wage shall, for purposes of such section 203(a), be

whichever of the following is the larger:

"(C) his average monthly wage determined pursuant to section

215 of such Act [section 415 of this title], as amended by this

Act; or

"(D) his average monthly wage determined under such section

215, as in effect prior to the enactment of this Act [Sept. 1,

1954], plus $7."

TEMPORARY EXTENSION OF EARNINGS LIMITATIONS TO INCLUDE ALL PERSONS

AGED LESS THAN SEVENTY-TWO

Section 2204 of Pub. L. 97-35 provided that:

"(a) Notwithstanding subsection (e) of section 302 of the Social

Security Amendments of 1977 (91 Stat. 1531; Public Law 95-216) [set

out as an Effective Date of 1977 Amendment note above], the

amendments made to section 203 of the Social Security Act [this

section] by subsections (a) through (d) of such section 302 shall,

except as provided in subsection (b) of this section, apply only

with respect to monthly insurance benefits payable under title II

of the Social Security Act [this subchapter] for months after

December 1982.

"(b) In the case of any individual whose first taxable year (as

in effect on the date of the enactment of this Act [Aug. 13, 1981])

ending after December 31, 1981, begins before January 1, 1982, the

amendments made by section 302 of the Social Security Amendments of

1977 [amending this section] shall apply with respect to taxable

years beginning with such taxable year."

INCREASED EXEMPT AMOUNTS FOR INDIVIDUALS DESCRIBED IN SUBSEC.

(F)(8)(D); NOTIFICATION IN 1977 TO 1981; INDIVIDUALS OTHER THAN

THOSE DESCRIBED IN SUBSEC. (F)(8)(D)

Section 301(c)(2) of Pub. L. 95-216 provided that: "No

notification with respect to an increased exempt amount for

individuals described in section 203(f)(8)(D) of the Social

Security Act [subsec. (f)(8)(D) of this section] (as added by

paragraph (1) of this subsection) shall be required under the last

sentence of section 203(f)(8)(B) of such Act in 1977, 1978, 1979,

1980, or 1981; and section 203(f)(8)(C) of such Act shall not

prevent the new exempt amount determined and published under

section 203(f)(8)(A) in 1977 from becoming effective to the extent

that such new exempt amount applies to individuals other than those

described in section 203(f)(8)(D) of such Act (as so added)."

RETIREMENT TEST EXEMPT AMOUNT FOR 1976

By notice of the Secretary of Health, Education, and Welfare,

Oct. 22, 1975, 40 F.R. 50556, it was determined and announced that,

pursuant to authority contained in subsec. (f)(8) of this section,

the monthly exempt amount under the retirement test would be $230

with respect to taxable years ending in calendar year 1976.

COST-OF-LIVING INCREASE IN BENEFITS

For purposes of subsec. (f)(8) of this section, the increase in

benefits provided by section 2 of Pub. L. 93-233, revising benefits

table of section 415(a) of this title and amending sections 427(a),

(b) and 428(b)(1), (2), (c)(3)(A), (B) of this title considered an

increase under section 415(i) of this title, see section 3(i) of

Pub. L. 93-233, set out as a note under section 415 of this title.

PENALTIES FOR FAILURE TO FILE TIMELY REPORTS OF EARNINGS AND OTHER

EVENTS

Section 161(c) of Pub. L. 90-248 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to any deductions imposed on or after the date of the

enactment of this Act [Jan. 2, 1968] under subsections (g) and (h)

of section 203 of the Social Security Act [this section] on account

of failure to make a report required thereby."

COMPUTATION OF BENEFITS FOR CERTAIN CHILDREN

Section 163(b) of Pub. L. 90-248 provided that: "Where -

"(1) one or more persons were entitled (without the application

of section 202(j)(1) of the Social Security Act [section

402(j)(1) of this title]) to monthly benefits under section 202

or 223 of such Act [section 402 or 423 of this title] for January

1968 on the basis of the wages and self-employment income of an

individual, and

"(2) one or more persons became entitled to monthly benefits

before January 1968 under section 202(d) of such Act [section

402(d) of this title] by reason of section 216(h)(3) of such Act

[section 416(h)(3) of this section] (but without regard to

section 202(j)(1)), on the basis of such wages and

self-employment income and are so entitled for January 1968, and

"(3) the total of benefits to which all persons are entitled

under such section 202 or 223 of such Act [section 402 or 423 of

this title] on the basis of such wages and self-employment for

January 1968 are reduced by reason of section 203(a) of such Act

[subsec. (a) of this section], as amended by this Act (or would,

but for the penultimate sentence of such section 203(a), be so

reduced),

then the amount of the benefit to which each such person referred

to in paragraph (1) above (but not including persons referred to in

paragraph (2) above) is entitled for months after January 1968

shall be increased, after the application of such section 203(a),

to the amount it would have been if the person or persons referred

to in paragraph (2) were not entitled to a benefit referred to in

such paragraph (2)."

PROHIBITION ON IMPOSITION OF DEDUCTION FOR FAILURE TO FILE CERTAIN

REPORTS OF EVENTS

Section 209(b) of Pub. L. 86-778 provided that: "No deduction

shall be imposed on or after the date of the enactment of this Act

[Sept. 13, 1960] under section 203(f) of the Social Security Act

[subsec. (f) of this section], as in effect prior to such date, on

account of failure to file a report of an event described in

section 203(c) of such Act, as in effect prior to such date; and no

such deduction imposed prior to such date shall be collected after

such date."

PROHIBITION ON PAYMENT OF BENEFITS TO CERTAIN SPOUSES OR CHILDREN

Section 211(t) of Pub. L. 86-778 provided that: "In any case

where -

"(1) an individual has earnings (as defined in section

203(e)(4) of the Social Security Act [subsec. (e)(4) of this

section] as in effect prior to the enactment of this Act [Sept.

13, 1960]) in a taxable year which begins before 1961 and ends in

1961 (but not on December 31, 1961), and

"(2) such individual's spouse or child entitled to monthly

benefits on the basis of such individual's self-employment income

has excess earnings (as defined in section 203(f)(3) of the

Social Security Act as amended by this Act) in a taxable year

which begins after 1960, and

"(3) one or more months in the taxable year specified in

paragraph (2) are included in the taxable year specified in

paragraph (1),

then, if a deduction is imposed against the benefits payable to

such individual with respect to a month described in paragraph (3),

such spouse or child, as the case may be, shall not, for purposes

of subsections (b) and (f) of section 203 of the Social Security

Act as amended by this Act, be entitled to a payment for such

month."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 408, 409, 415, 423,

424a, 1382a of this title; title 5 sections 8349, 8421, 8421a,

8442; title 10 section 1451; title 26 sections 1402, 3127; title 30

sections 922, 932; title 45 sections 231a, 231q.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 404. Overpayments and underpayments

-STATUTE-

(a) Procedure for adjustment or recovery

(1) Whenever the Commissioner of Social Security finds that more

or less than the correct amount of payment has been made to any

person under this subchapter, proper adjustment or recovery shall

be made, under regulations prescribed by the Commissioner of Social

Security, as follows:

(A) With respect to payment to a person of more than the

correct amount, the Commissioner of Social Security shall

decrease any payment under this subchapter to which such overpaid

person is entitled, or shall require such overpaid person or his

estate to refund the amount in excess of the correct amount, or

shall decrease any payment under this subchapter payable to his

estate or to any other person on the basis of the wages and

self-employment income which were the basis of the payments to

such overpaid person, or shall obtain recovery by means of

reduction in tax refunds based on notice to the Secretary of the

Treasury as permitted under section 3720A of title 31, or shall

apply any combination of the foregoing. A payment made under this

subchapter on the basis of an erroneous report of death by the

Department of Defense of an individual in the line of duty while

he is a member of the uniformed services (as defined in section

410(m) of this title) on active duty (as defined in section

410(l) of this title) shall not be considered an incorrect

payment for any month prior to the month such Department notifies

the Commissioner of Social Security that such individual is

alive.

(B) With respect to payment to a person of less than the

correct amount, the Commissioner of Social Security shall make

payment of the balance of the amount due such underpaid person,

or, if such person dies before payments are completed or before

negotiating one or more checks representing correct payments,

disposition of the amount due shall be made in accordance with

subsection (d) of this section.

(2) Notwithstanding any other provision of this section, when any

payment of more than the correct amount is made to or on behalf of

an individual who has died, and such payment -

(A) is made by direct deposit to a financial institution;

(B) is credited by the financial institution to a joint account

of the deceased individual and another person; and

(C) such other person was entitled to a monthly benefit on the

basis of the same wages and self-employment income as the

deceased individual for the month preceding the month in which

the deceased individual died,

the amount of such payment in excess of the correct amount shall be

treated as a payment of more than the correct amount to such other

person. If any payment of more than the correct amount is made to a

representative payee on behalf of an individual after the

individual's death, the representative payee shall be liable for

the repayment of the overpayment, and the Commissioner of Social

Security shall establish an overpayment control record under the

social security account number of the representative payee.

(b) No recovery from persons without fault

In any case in which more than the correct amount of payment has

been made, there shall be no adjustment of payments to, or recovery

by the United States from, any person who is without fault if such

adjustment or recovery would defeat the purpose of this subchapter

or would be against equity and good conscience. In making for

purposes of this subsection any determination of whether any

individual is without fault, the Commissioner of Social Security

shall specifically take into account any physical, mental,

educational, or linguistic limitation such individual may have

(including any lack of facility with the English language).

(c) Nonliability of certifying and disbursing officers

No certifying or disbursing officer shall be held liable for any

amount certified or paid by him to any person where the adjustment

or recovery of such amount is waived under subsection (b) of this

section, or where adjustment under subsection (a) of this section

is not completed prior to the death of all persons against whose

benefits deductions are authorized.

(d) Payment to survivors or heirs when eligible person is deceased

If an individual dies before any payment due him under this

subchapter is completed, payment of the amount due (including the

amount of any unnegotiated checks) shall be made -

(1) to the person, if any, who is determined by the

Commissioner of Social Security to be the surviving spouse of the

deceased individual and who either (i) was living in the same

household with the deceased at the time of his death or (ii) was,

for the month in which the deceased individual died, entitled to

a monthly benefit on the basis of the same wages and

self-employment income as was the deceased individual;

(2) if there is no person who meets the requirements of

paragraph (1), or if the person who meets such requirements dies

before the payment due him under this subchapter is completed, to

the child or children, if any, of the deceased individual who

were, for the month in which the deceased individual died,

entitled to monthly benefits on the basis of the same wages and

self-employment income as was the deceased individual (and, in

case there is more than one such child, in equal parts to each

such child);

(3) if there is no person who meets the requirements of

paragraph (1) or (2), or if each person who meets such

requirements dies before the payment due him under this

subchapter is completed, to the parent or parents, if any, of the

deceased individual who were, for the month in which the deceased

individual died, entitled to monthly benefits on the basis of the

same wages and self-employment income as was the deceased

individual (and, in case there is more than one such parent, in

equal parts to each such parent);

(4) if there is no person who meets the requirements of

paragraph (1), (2), or (3), or if each person who meets such

requirements dies before the payment due him under this

subchapter is completed, to the person, if any, determined by the

Commissioner of Social Security to be the surviving spouse of the

deceased individual;

(5) if there is no person who meets the requirements of

paragraph (1), (2), (3), or (4), or if each person who meets such

requirements dies before the payment due him under this

subchapter is completed, to the person or persons, if any,

determined by the Commissioner of Social Security to be the child

or children of the deceased individual (and, in case there is

more than one such child, in equal parts to each such child);

(6) if there is no person who meets the requirements of

paragraph (1), (2), (3), (4), or (5), or if each person who meets

such requirements dies before the payment due him under this

subchapter is completed, to the parent or parents, if any, of the

deceased individual (and, in case there is more than one such

parent, in equal parts to each such parent); or

(7) if there is no person who meets the requirements of

paragraph (1), (2), (3), (4), (5), or (6), or if each person who

meets such requirements dies before the payment due him under

this subchapter is completed, to the legal representative of the

estate of the deceased individual, if any.

(e) Adjustments due to supplemental security income payments

For payments which are adjusted by reason of payment of benefits

under the supplemental security income program established by

subchapter XVI of this chapter, see section 1320a-6 of this title.

(f) Collection of delinquent amounts

(1) With respect to any deliquent (!1) amount, the Commissioner

of Social Security may use the collection practices described in

sections 3711(f), 3716, 3717, and 3718 of title 31 and in section

5514 of title 5, all as in effect immediately after April 26, 1996.

(2) For purposes of paragraph (1), the term "delinquent amount"

means an amount -

(A) in excess of the correct amount of payment under this

subchapter;

(B) paid to a person after such person has attained 18 years of

age; and

(C) determined by the Commissioner of Social Security, under

regulations, to be otherwise unrecoverable under this section

after such person ceases to be a beneficiary under this

subchapter.

(g) Recovery of overpayment of supplemental security income

benefits

For payments which are adjusted or withheld to recover an

overpayment of supplemental security income benefits paid under

subchapter XVI of this chapter (including State supplementary

payments paid under an agreement pursuant to section 1382e(a) of

this title or section 212(b) of Public Law 93-66), see section

1320b-17 of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 204, 49 Stat. 624; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1368; Aug. 28,

1950, ch. 809, title I, Sec. 109(b)(1), 64 Stat. 523; Sept. 1,

1954, ch. 1206, title I, Sec. 111(a), 68 Stat. 1085; Pub. L. 89-97,

title III, Sec. 329, July 30, 1965, 79 Stat. 401; Pub. L. 90-248,

title I, Secs. 152, 153(a), 154(a), Jan. 2, 1968, 81 Stat. 860,

861; Pub. L. 96-265, title V, Sec. 501(b), June 9, 1980, 94 Stat.

470; Pub. L. 99-272, title XII, Sec. 12113(a), Apr. 7, 1986, 100

Stat. 288; Pub. L. 101-239, title X, Sec. 10305(b), Dec. 19, 1989,

103 Stat. 2483; Pub. L. 101-508, title V, Sec. 5129(a), Nov. 5,

1990, 104 Stat. 1388-287; Pub. L. 103-296, title I, Sec. 107(a)(4),

Aug. 15, 1994, 108 Stat. 1478; Pub. L. 103-387, Sec. 5(a), Oct. 22,

1994, 108 Stat. 4077; Pub. L. 104-134, title III, Sec.

31001(z)(2)(A), Apr. 26, 1996, 110 Stat. 1321-379; Pub. L. 104-316,

title I, Sec. 115(g)(2)(E), Oct. 19, 1996, 110 Stat. 3835; Pub. L.

105-306, Sec. 8(b)(1), Oct. 28, 1998, 112 Stat. 2929; Pub. L.

106-169, title II, Secs. 201(a), 203(c), Dec. 14, 1999, 113 Stat.

1831, 1832.)

-REFTEXT-

REFERENCES IN TEXT

Section 212(b) of Public Law 93-66, referred to in subsec. (g),

is section 212(b) of Pub. L. 93-66, title II, July 9, 1973, 87

Stat. 156, as amended, which is set out as a note under section

1382 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-169, Sec. 201(a), inserted at

end "If any payment of more than the correct amount is made to a

representative payee on behalf of an individual after the

individual's death, the representative payee shall be liable for

the repayment of the overpayment, and the Commissioner of Social

Security shall establish an overpayment control record under the

social security account number of the representative payee."

Subsec. (f)(1). Pub. L. 106-169, Sec. 203(c), substituted

"3711(f)" for "3711(e)" and inserted "all" before "as in effect".

1998 - Subsec. (g). Pub. L. 105-306 added subsec. (g).

1996 - Subsec. (f). Pub. L. 104-134, which directed that subsec.

(f) be amended to read as follows: "(f)(1) With respect to any

deliquent amount, the Commissioner of Social Security may use the

collection practices described in sections 3711(f), 3716, 3717, and

3718 of title 31 and in section 5514 of title 5, as in effect

immediately after April 26, 1996.", was executed by substituting

the new language for par. (1) only to reflect the probable intent

of Congress. Prior to amendment, par. (1) read as follows: "With

respect to any delinquent amount, the Commissioner of Social

Security may use the collection practices described in sections

3711(f), 3716, and 3718 of title 31 as in effect on October 1,

1994."

Subsec. (f)(1). Pub. L. 104-316 substituted "sections 3711(e)"

for "sections 3711(f)".

1994 - Subsecs. (a)(1), (b), (d)(1), (4), (5). Pub. L. 103-296,

Sec. 107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing.

Subsec. (f). Pub. L. 103-387 added subsec. (f).

1990 - Subsec. (a)(1)(A). Pub. L. 101-508 inserted "or shall

obtain recovery by means of reduction in tax refunds based on

notice to the Secretary of the Treasury as permitted under section

3720A of title 31," after "payments to such overpaid person,".

1989 - Subsec. (b). Pub. L. 101-239 inserted at end "In making

for purposes of this subsection any determination of whether any

individual is without fault, the Secretary shall specifically take

into account any physical, mental, educational, or linguistic

limitation such individual may have (including any lack of facility

with the English language)."

1986 - Subsec. (a). Pub. L. 99-272 redesignated existing subsec.

(a) as (a)(1) and pars. (1) and (2) thereof as subpars. (A) and

(B), respectively, and added par. (2).

1980 - Subsec. (e). Pub. L. 96-265 added subsec. (e).

1968 - Subsec. (a). Pub. L. 90-248, Sec. 152(a), incorporated in

text preceding par. (1) part of existing provisions and broadened

the Secretary's authority to include recovery of overpayments.

Subsec. (a)(1). Pub. L. 90-248, Sec. 153(a), inserted last

sentence which provided that payments made on an erroneous report

by the Defense Department of the death, in the line of duty, of a

member of the uniformed services on active duty are not to be

deemed incorrect payments until the Department notifies the

Secretary that he is alive.

Subsec. (a)(2). Pub. L. 90-248, Sec. 152(a), incorporated in par.

(2) part of existing provisions and broadened Secretary's authority

to provide that in the case of underpayments, the Secretary is to

pay the balance due the underpaid person but if he dies before

receiving the full amount due him or before negotiating checks

representing the correct payments, the balance due or the amount

for which the checks were issued but not negotiated are to be paid

under subsec. (d) of this section.

Subsec. (b). Pub. L. 90-248, Sec. 152(b), authorized the

Secretary to waive adjustment or recovery of overpayments from any

person who is without fault, even where he is not the overpaid

person and the latter is at fault, whereas heretofore a condition

for waiver was that the overpaid person be without fault.

Subsec. (d). Pub. L. 90-248, Sec. 154(a), struck out, in text

preceding par. (1), provision excepting subsec. (d) from subsec.

(a) and provision that the total amount due at the time of death

may not exceed the amount of the monthly insurance benefit to which

an individual was entitled for the month preceding the month in

which he died, added cl. (ii) in par. (1), added pars. (2) to (6),

designated existing provisions as par. (7) and inserted therein

references to pars. (1) to (6).

1965 - Subsec. (d). Pub. L. 89-97 added subsec. (d).

1954 - Subsec. (a). Act Sept. 1, 1954, inserted "and

self-employment income" after "wages" in second sentence.

1950 - Act Aug. 28, 1950, substituted "Administrator" for

"board".

1939 - Act Aug. 10, 1939, omitted former provisions relating to

payments to aged individuals not qualified for benefits and

substituted the present section relating to overpayments and

underpayments.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title II, Sec. 201(c), Dec. 14, 1999, 113 Stat.

1831, provided that: "The amendments made by this section [amending

this section and section 1383 of this title] shall apply to

overpayments made 12 months or more after the date of the enactment

of this Act [Dec. 14, 1999]."

Amendment by section 203(c) of Pub. L. 106-169 applicable to debt

outstanding on or after Dec. 14, 1999, see section 203(d) of Pub.

L. 106-169, set out as a note under section 3701 of Title 31, Money

and Finance.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-306, Sec. 8(c), Oct. 28, 1998, 112 Stat. 2930,

provided that: "The amendments made by this section [enacting

section 1320b-17 of this title and amending this section and

section 1383 of this title] shall take effect on the date of the

enactment of this Act [Oct. 28, 1998] and shall apply to amounts

incorrectly paid which remain outstanding on or after such date."

EFFECTIVE DATE OF 1994 AMENDMENTS

Amendment by Pub. L. 103-387 applicable to collection activities

begun on or after Oct. 22, 1994, see section 5(c) of Pub. L.

103-387, as amended, set out as a note under section 3701 of Title

31, Money and Finance.

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Jan. 1, 1991, and

inapplicable to refunds to which the amendments made by section

2653 of the Deficit Reduction Act of 1984, Pub. L. 98-369, do not

apply, see section 5129(d) of Pub. L. 101-508, set out as a note

under section 6402 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 applicable with respect to

determinations made on or after July 1, 1990, see section 10305(f)

of Pub. L. 101-239, set out as a note under section 403 of this

title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 12113(c) of Pub. L. 99-272 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall apply only in the case of deaths of which the

Secretary is first notified on or after the date of the enactment

of this Act [Apr. 7, 1986]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-265 applicable in the case of payments of

monthly insurance benefits under this subchapter, entitlement for

which is determined on or after July 1, 1981, see section 501(d) of

Pub. L. 96-265, set out as an Effective Date note under section

1320a-6 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 153(b) of Pub. L. 90-248 provided that: "The amendment

made by this section [amending this section] shall apply with

respect to benefits under title II of the Social Security Act [this

subchapter] if the individual to whom such benefits were paid would

have been entitled to such benefits in or after the month in which

this Act was enacted [January 1968] if the report mentioned in the

amendment made by subsection (a) of this section had been correct

(but without regard to the provisions of section 202(j)(1) of such

Act [section 402(j)(1) of this title])."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 423, 909 of this

title; title 26 section 6402; title 30 section 923; title 31

sections 3701, 3720A.

-FOOTNOTE-

(!1) So in original. Probably should be "delinquent".

-End-

-CITE-

42 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 405. Evidence, procedure, and certification for payments

-STATUTE-

(a) Rules and regulations; procedures

The Commissioner of Social Security shall have full power and

authority to make rules and regulations and to establish

procedures, not inconsistent with the provisions of this

subchapter, which are necessary or appropriate to carry out such

provisions, and shall adopt reasonable and proper rules and

regulations to regulate and provide for the nature and extent of

the proofs and evidence and the method of taking and furnishing the

same in order to establish the right to benefits hereunder.

(b) Administrative determination of entitlement to benefits;

findings of fact; hearings; investigations; evidentiary hearings

in reconsiderations of disability benefit terminations;

subsequent applications

(1) The Commissioner of Social Security is directed to make

findings of fact, and decisions as to the rights of any individual

applying for a payment under this subchapter. Any such decision by

the Commissioner of Social Security which involves a determination

of disability and which is in whole or in part unfavorable to such

individual shall contain a statement of the case, in understandable

language, setting forth a discussion of the evidence, and stating

the Commissioner's determination and the reason or reasons upon

which it is based. Upon request by any such individual or upon

request by a wife, divorced wife, widow, surviving divorced wife,

surviving divorced mother, surviving divorced father, husband,

divorced husband, widower, surviving divorced husband, child, or

parent who makes a showing in writing that his or her rights may be

prejudiced by any decision the Commissioner of Social Security has

rendered, the Commissioner shall give such applicant and such other

individual reasonable notice and opportunity for a hearing with

respect to such decision, and, if a hearing is held, shall, on the

basis of evidence adduced at the hearing, affirm, modify, or

reverse the Commissioner's findings of fact and such decision. Any

such request with respect to such a decision must be filed within

sixty days after notice of such decision is received by the

individual making such request. The Commissioner of Social Security

is further authorized, on the Commissioner's own motion, to hold

such hearings and to conduct such investigations and other

proceedings as the Commissioner may deem necessary or proper for

the administration of this subchapter. In the course of any

hearing, investigation, or other proceeding, the Commissioner may

administer oaths and affirmations, examine witnesses, and receive

evidence. Evidence may be received at any hearing before the

Commissioner of Social Security even though inadmissible under

rules of evidence applicable to court procedure.

(2) In any case where -

(A) an individual is a recipient of disability insurance

benefits, or of child's, widow's, or widower's insurance benefits

based on disability,

(B) the physical or mental impairment on the basis of which

such benefits are payable is found to have ceased, not to have

existed, or to no longer be disabling, and

(C) as a consequence of the finding described in subparagraph

(B), such individual is determined by the Commissioner of Social

Security not to be entitled to such benefits,

any reconsideration of the finding described in subparagraph (B),

in connection with a reconsideration by the Commissioner of Social

Security (before any hearing under paragraph (1) on the issue of

such entitlement) of the Commissioner's determination described in

subparagraph (C), shall be made only after opportunity for an

evidentiary hearing, with regard to the finding described in

subparagraph (B), which is reasonably accessible to such

individual. Any reconsideration of a finding described in

subparagraph (B) may be made either by the State agency or the

Commissioner of Social Security where the finding was originally

made by the State agency, and shall be made by the Commissioner of

Social Security where the finding was originally made by the

Commissioner of Social Security. In the case of a reconsideration

by a State agency of a finding described in subparagraph (B) which

was originally made by such State agency, the evidentiary hearing

shall be held by an adjudicatory unit of the State agency other

than the unit that made the finding described in subparagraph (B).

In the case of a reconsideration by the Commissioner of Social

Security of a finding described in subparagraph (B) which was

originally made by the Commissioner of Social Security, the

evidentiary hearing shall be held by a person other than the person

or persons who made the finding described in subparagraph (B).

(3)(A) A failure to timely request review of an initial adverse

determination with respect to an application for any benefit under

this subchapter or an adverse determination on reconsideration of

such an initial determination shall not serve as a basis for denial

of a subsequent application for any benefit under this subchapter

if the applicant demonstrates that the applicant, or any other

individual referred to in paragraph (1), failed to so request such

a review acting in good faith reliance upon incorrect, incomplete,

or misleading information, relating to the consequences of

reapplying for benefits in lieu of seeking review of an adverse

determination, provided by any officer or employee of the Social

Security Administration or any State agency acting under section

421 of this title.

(B) In any notice of an adverse determination with respect to

which a review may be requested under paragraph (1), the

Commissioner of Social Security shall describe in clear and

specific language the effect on possible entitlement to benefits

under this subchapter of choosing to reapply in lieu of requesting

review of the determination.

(c) Wage records

(1) For the purposes of this subsection -

(A) The term "year" means a calendar year when used with

respect to wages and a taxable year when used with respect to

self-employment income.

(B) The term "time limitation" means a period of three years,

three months, and fifteen days.

(C) The term "survivor" means an individual's spouse, surviving

divorced wife, surviving divorced husband, surviving divorced

mother, surviving divorced father, child, or parent, who survives

such individual.

(D) The term "period" when used with respect to self-employment

income means a taxable year and when used with respect to wages

means -

(i) a quarter if wages were reported or should have been

reported on a quarterly basis on tax returns filed with the

Secretary of the Treasury or his delegate under section 6011 of

the Internal Revenue Code of 1986 or regulations thereunder (or

on reports filed by a State under section 418(e) (!1) of this

title (as in effect prior to December 31, 1986) or regulations

thereunder),

(ii) a year if wages were reported or should have been

reported on a yearly basis on such tax returns or reports, or

(iii) the half year beginning January 1 or July 1 in the case

of wages which were reported or should have been reported for

calendar year 1937.

(2)(A) On the basis of information obtained by or submitted to

the Commissioner of Social Security, and after such verification

thereof as the Commissioner deems necessary, the Commissioner of

Social Security shall establish and maintain records of the amounts

of wages paid to, and the amounts of self-employment income derived

by, each individual and of the periods in which such wages were

paid and such income was derived and, upon request, shall inform

any individual or his survivor, or the legal representative of such

individual or his estate, of the amounts of wages and

self-employment income of such individual and the periods during

which such wages were paid and such income was derived, as shown by

such records at the time of such request.

(B)(i) In carrying out the Commissioner's duties under

subparagraph (A) and subparagraph (F), the Commissioner of Social

Security shall take affirmative measures to assure that social

security account numbers will, to the maximum extent practicable,

be assigned to all members of appropriate groups or categories of

individuals by assigning such numbers (or ascertaining that such

numbers have already been assigned):

(I) to aliens at the time of their lawful admission to the

United States either for permanent residence or under other

authority of law permitting them to engage in employment in the

United States and to other aliens at such time as their status is

so changed as to make it lawful for them to engage in such

employment;

(II) to any individual who is an applicant for or recipient of

benefits under any program financed in whole or in part from

Federal funds including any child on whose behalf such benefits

are claimed by another person; and

(III) to any other individual when it appears that he could

have been but was not assigned an account number under the

provisions of subclauses (I) or (II) but only after such

investigation as is necessary to establish to the satisfaction of

the Commissioner of Social Security, the identity of such

individual, the fact that an account number has not already been

assigned to such individual, and the fact that such individual is

a citizen or a noncitizen who is not, because of his alien

status, prohibited from engaging in employment;

and, in carrying out such duties, the Commissioner of Social

Security is authorized to take affirmative measures to assure the

issuance of social security numbers:

(IV) to or on behalf of children who are below school age at

the request of their parents or guardians; and

(V) to children of school age at the time of their first

enrollment in school.

(ii) The Commissioner of Social Security shall require of

applicants for social security account numbers such evidence as may

be necessary to establish the age, citizenship, or alien status,

and true identity of such applicants, and to determine which (if

any) social security account number has previously been assigned to

such individual. With respect to an application for a social

security account number for an individual who has not attained the

age of 18 before such application, such evidence shall include the

information described in subparagraph (C)(ii).

(iii) In carrying out the requirements of this subparagraph, the

Commissioner of Social Security shall enter into such agreements as

may be necessary with the Attorney General and other officials and

with State and local welfare agencies and school authorities

(including nonpublic school authorities).

(C)(i) It is the policy of the United States that any State (or

political subdivision thereof) may, in the administration of any

tax, general public assistance, driver's license, or motor vehicle

registration law within its jurisdiction, utilize the social

security account numbers issued by the Commissioner of Social

Security for the purpose of establishing the identification of

individuals affected by such law, and may require any individual

who is or appears to be so affected to furnish to such State (or

political subdivision thereof) or any agency thereof having

administrative responsibility for the law involved, the social

security account number (or numbers, if he has more than one such

number) issued to him by the Commissioner of Social Security.

(ii) In the administration of any law involving the issuance of a

birth certificate, each State shall require each parent to furnish

to such State (or political subdivision thereof) or any agency

thereof having administrative responsibility for the law involved,

the social security account number (or numbers, if the parent has

more than one such number) issued to the parent unless the State

(in accordance with regulations prescribed by the Commissioner of

Social Security) finds good cause for not requiring the furnishing

of such number. The State shall make numbers furnished under this

subclause available to the Commissioner of Social Security and the

agency administering the State's plan under part D of subchapter IV

of this chapter in accordance with Federal or State law and

regulation. Such numbers shall not be recorded on the birth

certificate. A State shall not use any social security account

number, obtained with respect to the issuance by the State of a

birth certificate, for any purpose other than for the enforcement

of child support orders in effect in the State, unless section 7(a)

of the Privacy Act of 1974 does not prohibit the State from

requiring the disclosure of such number, by reason of the State

having adopted, before January 1, 1975, a statute or regulation

requiring such disclosure.

(iii)(I) In the administration of section 9 of the Food Stamp Act

of 1977 (7 U.S.C. 2018) involving the determination of the

qualifications of applicants under such Act [7 U.S.C. 2011 et

seq.], the Secretary of Agriculture may require each applicant

retail store or wholesale food concern to furnish to the Secretary

of Agriculture the social security account number of each

individual who is an officer of the store or concern and, in the

case of a privately owned applicant, furnish the social security

account numbers of the owners of such applicant. No officer or

employee of the Department of Agriculture shall have access to any

such number for any purpose other than the establishment and

maintenance of a list of the names and social security account

numbers of such individuals for use in determining those applicants

who have been previously sanctioned or convicted under section 12

or 15 of such Act (7 U.S.C. 2021 or 2024).

(II) The Secretary of Agriculture may share any information

contained in any list referred to in subclause (I) with any other

agency or instrumentality of the United States which otherwise has

access to social security account numbers in accordance with this

subsection or other applicable Federal law, except that the

Secretary of Agriculture may share such information only to the

extent that such Secretary determines such sharing would assist in

verifying and matching such information against information

maintained by such other agency or instrumentality. Any such

information shared pursuant to this subclause may be used by such

other agency or instrumentality only for the purpose of effective

administration and enforcement of the Food Stamp Act of 1977 [7

U.S.C. 2011 et seq.] or for the purpose of investigation of

violations of other Federal laws or enforcement of such laws.

(III) The Secretary of Agriculture, and the head of any other

agency or instrumentality referred to in this subclause, shall

restrict, to the satisfaction of the Commissioner of Social

Security, access to social security account numbers obtained

pursuant to this clause only to officers and employees of the

United States whose duties or responsibilities require access for

the purposes described in subclause (II).

(IV) The Secretary of Agriculture, and the head of any agency or

instrumentality with which information is shared pursuant to clause

(!2) (II), shall provide such other safeguards as the Commissioner

of Social Security determines to be necessary or appropriate to

protect the confidentiality of the social security account numbers.

(iv) In the administration of section 506 of the Federal Crop

Insurance Act [7 U.S.C. 1506], the Federal Crop Insurance

Corporation may require each policyholder and each reinsured

company to furnish to the insurer or to the Corporation the social

security account number of such policyholder, subject to the

requirements of this clause. No officer or employee of the Federal

Crop Insurance Corporation shall have access to any such number for

any purpose other than the establishment of a system of records

necessary for the effective administration of such Act [7 U.S.C.

1501 et seq.]. The Manager of the Corporation may require each

policyholder to provide to the Manager, at such times and in such

manner as prescribed by the Manager, the social security account

number of each individual that holds or acquires a substantial

beneficial interest in the policyholder. For purposes of this

clause, the term "substantial beneficial interest" means not less

than 5 percent of all beneficial interest in the policyholder. The

Secretary of Agriculture shall restrict, to the satisfaction of the

Commissioner of Social Security, access to social security account

numbers obtained pursuant to this clause only to officers and

employees of the United States or authorized persons whose duties

or responsibilities require access for the administration of the

Federal Crop Insurance Act. The Secretary of Agriculture shall

provide such other safeguards as the Commissioner of Social

Security determines to be necessary or appropriate to protect the

confidentiality of such social security account numbers. For

purposes of this clause the term "authorized person" means an

officer or employee of an insurer whom the Manager of the

Corporation designates by rule, subject to appropriate safeguards

including a prohibition against the release of such social security

account number (other than to the Corporation) by such person.

(v) If and to the extent that any provision of Federal law

heretofore enacted is inconsistent with the policy set forth in

clause (i), such provision shall, on and after October 4, 1976, be

null, void, and of no effect. If and to the extent that any such

provision is inconsistent with the requirement set forth in clause

(ii), such provision shall, on and after October 13, 1988, be null,

void, and of no effect.

(vi) For purposes of clause (i) of this subparagraph, an agency

of a State (or political subdivision thereof) charged with the

administration of any general public assistance, driver's license,

or motor vehicle registration law which did not use the social

security account number for identification under a law or

regulation adopted before January 1, 1975, may require an

individual to disclose his or her social security number to such

agency solely for the purpose of administering the laws referred to

in clause (i) above and for the purpose of responding to requests

for information from an agency administering a program funded under

part A of subchapter IV of this chapter or an agency operating

pursuant to the provisions of part D of such subchapter.

(vii) For purposes of this subparagraph, the term "State"

includes the District of Columbia, the Commonwealth of Puerto Rico,

the Virgin Islands, Guam, the Commonwealth of the Northern

Marianas, and the Trust Territory of the Pacific Islands.

(viii)(I) Social security account numbers and related records

that are obtained or maintained by authorized persons pursuant to

any provision of law enacted on or after October 1, 1990, shall be

confidential, and no authorized person shall disclose any such

social security account number or related record.

(II) Paragraphs (1), (2), and (3) of section 7213(a) of the

Internal Revenue Code of 1986 shall apply with respect to the

unauthorized willful disclosure to any person of social security

account numbers and related records obtained or maintained by an

authorized person pursuant to a provision of law enacted on or

after October 1, 1990, in the same manner and to the same extent as

such paragraphs apply with respect to unauthorized disclosures of

return and return information described in such paragraphs.

Paragraph (4) of section 7213(a) of such Code shall apply with

respect to the willful offer of any item of material value in

exchange for any such social security account number or related

record in the same manner and to the same extent as such paragraph

applies with respect to offers (in exchange for any return or

return information) described in such paragraph.

(III) For purposes of this clause, the term "authorized person"

means an officer or employee of the United States, an officer or

employee of any State, political subdivision of a State, or agency

of a State or political subdivision of a State, and any other

person (or officer or employee thereof), who has or had access to

social security account numbers or related records pursuant to any

provision of law enacted on or after October 1, 1990. For purposes

of this subclause, the term "officer or employee" includes a former

officer or employee.

(IV) For purposes of this clause, the term "related record" means

any record, list, or compilation that indicates, directly or

indirectly, the identity of any individual with respect to whom a

social security account number or a request for a social security

account number is maintained pursuant to this clause.

(ix) In the administration of the provisions of chapter 81 of

title 5 and the Longshore and Harbor Workers' Compensation Act (33

U.S.C. 901 et seq.), the Secretary of Labor may require by

regulation that any person filing a notice of injury or a claim for

benefits under such provisions provide as part of such notice or

claim such person's social security account number, subject to the

requirements of this clause. No officer or employee of the

Department of Labor shall have access to any such number for any

purpose other than the establishment of a system of records

necessary for the effective administration of such provisions. The

Secretary of Labor shall restrict, to the satisfaction of the

Commissioner of Social Security, access to social security account

numbers obtained pursuant to this clause to officers and employees

of the United States whose duties or responsibilities require

access for the administration or enforcement of such provisions.

The Secretary of Labor shall provide such other safeguards as the

Commissioner of Social Security determines to be necessary or

appropriate to protect the confidentiality of the social security

account numbers.

(D)(i) It is the policy of the United States that -

(I) any State (or any political subdivision of a State) and any

authorized blood donation facility may utilize the social

security account numbers issued by the Commissioner of Social

Security for the purpose of identifying blood donors, and

(II) any State (or political subdivision of a State) may

require any individual who donates blood within such State (or

political subdivision) to furnish to such State (or political

subdivision), to any agency thereof having related administrative

responsibility, or to any authorized blood donation facility the

social security account number (or numbers, if the donor has more

than one such number) issued to the donor by the Commissioner of

Social Security.

(ii) If and to the extent that any provision of Federal law

enacted before November 10, 1988, is inconsistent with the policy

set forth in clause (i), such provision shall, on and after

November 10, 1988, be null, void, and of no effect.

(iii) For purposes of this subparagraph -

(I) the term "authorized blood donation facility" means an

entity described in section 1320b-11(h)(1)(B) of this title, and

(II) the term "State" includes the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, the

Commonwealth of the Northern Marianas, and the Trust Territory of

the Pacific Islands.

(E)(i) It is the policy of the United States that -

(I) any State (or any political subdivision of a State) may

utilize the social security account numbers issued by the

Commissioner of Social Security for the additional purposes

described in clause (ii) if such numbers have been collected and

are otherwise utilized by such State (or political subdivision)

in accordance with applicable law, and

(II) any district court of the United States may use, for such

additional purposes, any such social security account numbers

which have been so collected and are so utilized by any State.

(ii) The additional purposes described in this clause are the

following:

(I) Identifying duplicate names of individuals on master lists

used for jury selection purposes.

(II) Identifying on such master lists those individuals who are

ineligible to serve on a jury by reason of their conviction of a

felony.

(iii) To the extent that any provision of Federal law enacted

before August 15, 1994, is inconsistent with the policy set forth

in clause (i), such provision shall, on and after August 15, 1994,

be null, void, and of no effect.

(iv) For purposes of this subparagraph, the term "State" has the

meaning such term has in subparagraph (D).

(F) The Commissioner of Social Security shall require, as a

condition for receipt of benefits under this subchapter, that an

individual furnish satisfactory proof of a social security account

number assigned to such individual by the Commissioner of Social

Security or, in the case of an individual to whom no such number

has been assigned, that such individual make proper application for

assignment of such a number.

(G) The Commissioner of Social Security shall issue a social

security card to each individual at the time of the issuance of a

social security account number to such individual. The social

security card shall be made of banknote paper, and (to the maximum

extent practicable) shall be a card which cannot be counterfeited.

(H) The Commissioner of Social Security shall share with the

Secretary of the Treasury the information obtained by the

Commissioner pursuant to the second sentence of subparagraph

(B)(ii) and to subparagraph (C)(ii) for the purpose of

administering those sections of the Internal Revenue Code of 1986

which grant tax benefits based on support or residence of children.

(3) The Commissioner's records shall be evidence for the purpose

of proceedings before the Commissioner of Social Security or any

court of the amounts of wages paid to, and self-employment income

derived by, an individual and of the periods in which such wages

were paid and such income was derived. The absence of an entry in

such records as to wages alleged to have been paid to, or as to

self-employment income alleged to have been derived by, an

individual in any period shall be evidence that no such alleged

wages were paid to, or that no such alleged income was derived by,

such individual during such period.

(4) Prior to the expiration of the time limitation following any

year the Commissioner of Social Security may, if it is brought to

the Commissioner's attention that any entry of wages or

self-employment income in the Commissioner's records for such year

is erroneous or that any item of wages or self-employment income

for such year has been omitted from such records, correct such

entry or include such omitted item in the Commissioner's records,

as the case may be. After the expiration of the time limitation

following any year -

(A) the Commissioner's records (with changes, if any, made

pursuant to paragraph (5) of this subsection) of the amounts of

wages paid to, and self-employment income derived by, an

individual during any period in such year shall be conclusive for

the purposes of this subchapter;

(B) the absence of an entry in the Commissioner's records as to

the wages alleged to have been paid by an employer to an

individual during any period in such year shall be presumptive

evidence for the purposes of this subchapter that no such alleged

wages were paid to such individual in such period; and

(C) the absence of an entry in the Commissioner's records as to

the self-employment income alleged to have been derived by an

individual in such year shall be conclusive for the purposes of

this subchapter that no such alleged self-employment income was

derived by such individual in such year unless it is shown that

he filed a tax return of his self-employment income for such year

before the expiration of the time limitation following such year,

in which case the Commissioner of Social Security shall include

in the Commissioner's records the self-employment income of such

individual for such year.

(5) After the expiration of the time limitation following any

year in which wages were paid or alleged to have been paid to, or

self-employment income was derived or alleged to have been derived

by, an individual, the Commissioner of Social Security may change

or delete any entry with respect to wages or self-employment income

in the Commissioner's records of such year for such individual or

include in the Commissioner's records of such year for such

individual any omitted item of wages or self-employment income but

only -

(A) if an application for monthly benefits or for a lump-sum

death payment was filed within the time limitation following such

year; except that no such change, deletion, or inclusion may be

made pursuant to this subparagraph after a final decision upon

the application for monthly benefits or lump-sum death payment;

(B) if within the time limitation following such year an

individual or his survivor makes a request for a change or

deletion, or for an inclusion of an omitted item, and alleges in

writing that the Commissioner's records of the wages paid to, or

the self-employment income derived by, such individual in such

year are in one or more respects erroneous; except that no such

change, deletion, or inclusion may be made pursuant to this

subparagraph after a final decision upon such request. Written

notice of the Commissioner's decision on any such request shall

be given to the individual who made the request;

(C) to correct errors apparent on the face of such records;

(D) to transfer items to records of the Railroad Retirement

Board if such items were credited under this subchapter when they

should have been credited under the Railroad Retirement Act of

1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.], or to enter

items transferred by the Railroad Retirement Board which have

been credited under the Railroad Retirement Act of 1937 or 1974

when they should have been credited under this subchapter;

(E) to delete or reduce the amount of any entry which is

erroneous as a result of fraud;

(F) to conform the Commissioner's records to -

(i) tax returns or portions thereof (including information

returns and other written statements) filed with the

Commissioner of Internal Revenue under title VIII of the Social

Security Act, under subchapter E of chapter 1 or subchapter A

of chapter 9 of the Internal Revenue Code of 1939, under

chapter 2 or 21 of the Internal Revenue Code of 1954 or the

Internal Revenue Code of 1986, or under regulations made under

authority of such title, subchapter, or chapter;

(ii) wage reports filed by a State pursuant to an agreement

under section 418 of this title or regulations of the

Commissioner of Social Security thereunder; or

(iii) assessments of amounts due under an agreement pursuant

to section 418 of this title (as in effect prior to December

31, 1986), if such assessments are made within the period

specified in subsection (q) (!3) of such section (as so in

effect), or allowances of credits or refunds of overpayments by

a State under an agreement pursuant to such section;

except that no amount of self-employment income of an individual

for any taxable year (if such return or statement was filed after

the expiration of the time limitation following the taxable year)

shall be included in the Commissioner's records pursuant to this

subparagraph;

(G) to correct errors made in the allocation, to individuals or

periods, of wages or self-employment income entered in the

records of the Commissioner of Social Security;

(H) to include wages paid during any period in such year to an

individual by an employer;

(I) to enter items which constitute remuneration for employment

under subsection (o) of this section, such entries to be in

accordance with certified reports of records made by the Railroad

Retirement Board pursuant to section 5(k)(3) of the Railroad

Retirement Act of 1937 [45 U.S.C. 228e(k)(3)] or section 7(b)(7)

of the Railroad Retirement Act of 1974 [45 U.S.C. 231f(b)(7)]; or

(J) to include self-employment income for any taxable year, up

to, but not in excess of, the amount of wages deleted by the

Commissioner of Social Security as payments erroneously included

in such records as wages paid to such individual, if such income

(or net earnings from self-employment), not already included in

such records as self-employment income, is included in a return

or statement (referred to in subparagraph (F) of this subsection)

filed before the expiration of the time limitation following the

taxable year in which such deletion of wages is made.

(6) Written notice of any deletion or reduction under paragraph

(4) or (5) of this subsection shall be given to the individual

whose record is involved or to his survivor, except that (A) in the

case of a deletion or reduction with respect to any entry of wages

such notice shall be given to such individual only if he has

previously been notified by the Commissioner of Social Security of

the amount of his wages for the period involved, and (B) such

notice shall be given to such survivor only if he or the individual

whose record is involved has previously been notified by the

Commissioner of Social Security of the amount of such individual's

wages and self-employment income for the period involved.

(7) Upon request in writing (within such period, after any change

or refusal of a request for a change of the Commissioner's records

pursuant to this subsection, as the Commissioner of Social Security

may prescribe), opportunity for hearing with respect to such change

or refusal shall be afforded to any individual or his survivor. If

a hearing is held pursuant to this paragraph the Commissioner of

Social Security shall make findings of fact and a decision based

upon the evidence adduced at such hearing and shall include any

omitted items, or change or delete any entry, in the Commissioner's

records as may be required by such findings and decision.

(8) A translation into English by a third party of a statement

made in a foreign language by an applicant for or beneficiary of

monthly insurance benefits under this subchapter shall not be

regarded as reliable for any purpose under this subchapter unless

the third party, under penalty of perjury -

(A) certifies that the translation is accurate; and

(B) discloses the nature and scope of the relationship between

the third party and the applicant or recipient, as the case may

be.

(9) Decisions of the Commissioner of Social Security under this

subsection shall be reviewable by commencing a civil action in the

United States district court as provided in subsection (g) of this

section.

(d) Issuance of subpenas in administrative proceedings

For the purpose of any hearing, investigation, or other

proceeding authorized or directed under this subchapter, or

relative to any other matter within the Commissioner's jurisdiction

hereunder, the Commissioner of Social Security shall have power to

issue subpenas requiring the attendance and testimony of witnesses

and the production of any evidence that relates to any matter under

investigation or in question before the Commissioner of Social

Security. Such attendance of witnesses and production of evidence

at the designated place of such hearing, investigation, or other

proceeding may be required from any place in the United States or

in any Territory or possession thereof. Subpenas of the

Commissioner of Social Security shall be served by anyone

authorized by the Commissioner (1) by delivering a copy thereof to

the individual named therein, or (2) by registered mail or by

certified mail addressed to such individual at his last dwelling

place or principal place of business. A verified return by the

individual so serving the subpena setting forth the manner of

service, or, in the case of service by registered mail or by

certified mail, the return post-office receipt therefor signed by

the individual so served, shall be proof of service. Witnesses so

subpenaed shall be paid the same fees and mileage as are paid

witnesses in the district courts of the United States.

(e) Judicial enforcement of subpenas; contempt

In case of contumacy by, or refusal to obey a subpena duly served

upon, any person, any district court of the United States for the

judicial district in which said person charged with contumacy or

refusal to obey is found or resides or transacts business, upon

application by the Commissioner of Social Security, shall have

jurisdiction to issue an order requiring such person to appear and

give testimony, or to appear and produce evidence, or both; any

failure to obey such order of the court may be punished by said

court as contempt thereof.

(f) Repealed. Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84

Stat. 930

(g) Judicial review

Any individual, after any final decision of the Commissioner of

Social Security made after a hearing to which he was a party,

irrespective of the amount in controversy, may obtain a review of

such decision by a civil action commenced within sixty days after

the mailing to him of notice of such decision or within such

further time as the Commissioner of Social Security may allow. Such

action shall be brought in the district court of the United States

for the judicial district in which the plaintiff resides, or has

his principal place of business, or, if he does not reside or have

his principal place of business within any such judicial district,

in the United States District Court for the District of Columbia.

As part of the Commissioner's answer the Commissioner of Social

Security shall file a certified copy of the transcript of the

record including the evidence upon which the findings and decision

complained of are based. The court shall have power to enter, upon

the pleadings and transcript of the record, a judgment affirming,

modifying, or reversing the decision of the Commissioner of Social

Security, with or without remanding the cause for a rehearing. The

findings of the Commissioner of Social Security as to any fact, if

supported by substantial evidence, shall be conclusive, and where a

claim has been denied by the Commissioner of Social Security or a

decision is rendered under subsection (b) of this section which is

adverse to an individual who was a party to the hearing before the

Commissioner of Social Security, because of failure of the claimant

or such individual to submit proof in conformity with any

regulation prescribed under subsection (a) of this section, the

court shall review only the question of conformity with such

regulations and the validity of such regulations. The court may, on

motion of the Commissioner of Social Security made for good cause

shown before the Commissioner files the Commissioner's answer,

remand the case to the Commissioner of Social Security for further

action by the Commissioner of Social Security, and it may at any

time order additional evidence to be taken before the Commissioner

of Social Security, but only upon a showing that there is new

evidence which is material and that there is good cause for the

failure to incorporate such evidence into the record in a prior

proceeding; and the Commissioner of Social Security shall, after

the case is remanded, and after hearing such additional evidence if

so ordered, modify or affirm the Commissioner's findings of fact or

the Commissioner's decision, or both, and shall file with the court

any such additional and modified findings of fact and decision, and

a transcript of the additional record and testimony upon which the

Commissioner's action in modifying or affirming was based. Such

additional or modified findings of fact and decision shall be

reviewable only to the extent provided for review of the original

findings of fact and decision. The judgment of the court shall be

final except that it shall be subject to review in the same manner

as a judgment in other civil actions. Any action instituted in

accordance with this subsection shall survive notwithstanding any

change in the person occupying the office of Commissioner of Social

Security or any vacancy in such office.

(h) Finality of Commissioner's decision

The findings and decision of the Commissioner of Social Security

after a hearing shall be binding upon all individuals who were

parties to such hearing. No findings of fact or decision of the

Commissioner of Social Security shall be reviewed by any person,

tribunal, or governmental agency except as herein provided. No

action against the United States, the Commissioner of Social

Security, or any officer or employee thereof shall be brought under

section 1331 or 1346 of title 28 to recover on any claim arising

under this subchapter.

(i) Certification for payment

Upon final decision of the Commissioner of Social Security, or

upon final judgment of any court of competent jurisdiction, that

any person is entitled to any payment or payments under this

subchapter, the Commissioner of Social Security shall certify to

the Managing Trustee the name and address of the person so entitled

to receive such payment or payments, the amount of such payment or

payments, and the time at which such payment or payments should be

made, and the Managing Trustee, through the Fiscal Service of the

Department of the Treasury, and prior to any action thereon by the

General Accounting Office, shall make payment in accordance with

the certification of the Commissioner of Social Security (except

that in the case of (A) an individual who will have completed ten

years of service (or five or more years of service, all of which

accrues after December 31, 1995) creditable under the Railroad

Retirement Act of 1937 [45 U.S.C. 228a et seq.] or the Railroad

Retirement Act of 1974 [45 U.S.C. 231 et seq.], (B) the wife or

husband of such an individual, (C) any survivor of such an

individual if such survivor is entitled, or could upon application

become entitled, to an annuity under section 2 of the Railroad

Retirement Act of 1974 [45 U.S.C. 231a], and (D) any other person

entitled to benefits under section 402 of this title on the basis

of the wages and self-employment income of such an individual

(except a survivor of such an individual where such individual did

not have a current connection with the railroad industry, as

defined in the Railroad Retirement Act of 1974, at the time of his

death), such certification shall be made to the Railroad Retirement

Board which shall provide for such payment or payments to such

person on behalf of the Managing Trustee in accordance with the

provisions of the Railroad Retirement Act of 1974): Provided, That

where a review of the Commissioner's decision is or may be sought

under subsection (g) of this section the Commissioner of Social

Security may withhold certification of payment pending such review.

The Managing Trustee shall not be held personally liable for any

payment or payments made in accordance with a certification by the

Commissioner of Social Security.

(j) Representative payees

(1)(A) If the Commissioner of Social Security determines that the

interest of any individual under this subchapter would be served

thereby, certification of payment of such individual's benefit

under this subchapter may be made, regardless of the legal

competency or incompetency of the individual, either for direct

payment to the individual, or for his or her use and benefit, to

another individual, or an organization, with respect to whom the

requirements of paragraph (2) have been met (hereinafter in this

subsection referred to as the individual's "representative payee").

If the Commissioner of Social Security or a court of competent

jurisdiction determines that a representative payee has misused any

individual's benefit paid to such representative payee pursuant to

this subsection or section 1007 or 1383(a)(2) of this title, the

Commissioner of Social Security shall promptly revoke certification

for payment of benefits to such representative payee pursuant to

this subsection and certify payment to an alternative

representative payee or, if the interest of the individual under

this subchapter would be served thereby, to the individual.

(B) In the case of an individual entitled to benefits based on

disability, the payment of such benefits shall be made to a

representative payee if the Commissioner of Social Security

determines that such payment would serve the interest of the

individual because the individual also has an alcoholism or drug

addiction condition (as determined by the Commissioner) and the

individual is incapable of managing such benefits.

(2)(A) Any certification made under paragraph (1) for payment of

benefits to an individual's representative payee shall be made on

the basis of -

(i) an investigation by the Commissioner of Social Security of

the person to serve as representative payee, which shall be

conducted in advance of such certification and shall, to the

extent practicable, include a face-to-face interview with such

person, and

(ii) adequate evidence that such certification is in the

interest of such individual (as determined by the Commissioner of

Social Security in regulations).

(B)(i) As part of the investigation referred to in subparagraph

(A)(i), the Commissioner of Social Security shall -

(I) require the person being investigated to submit documented

proof of the identity of such person, unless information

establishing such identity has been submitted with an application

for benefits under this subchapter, subchapter VIII of this

chapter, or subchapter XVI of this chapter,

(II) verify such person's social security account number (or

employer identification number),

(III) determine whether such person has been convicted of a

violation of section 408, 1011, or 1383a of this title, and

(IV) determine whether certification of payment of benefits to

such person has been revoked pursuant to this subsection, the

designation of such person as a representative payee has been

revoked pursuant to section 1007(a) of this title, or payment of

benefits to such person has been terminated pursuant to section

1383(a)(2)(A)(iii) of this title by reason of misuse of funds

paid as benefits under this subchapter, subchapter VIII of this

chapter, or subchapter XVI of this chapter.

(ii) The Commissioner of Social Security shall establish and

maintain a centralized file, which shall be updated periodically

and which shall be in a form which renders it readily retrievable

by each servicing office of the Social Security Administration.

Such file shall consist of -

(I) a list of the names and social security account numbers (or

employer identification numbers) of all persons with respect to

whom certification of payment of benefits has been revoked on or

after January 1, 1991, pursuant to this subsection, whose

designation as a representative payee has been revoked pursuant

to section 1007(a) of this title, or with respect to whom payment

of benefits has been terminated on or after such date pursuant to

section 1383(a)(2)(A)(iii) of this title, by reason of misuse of

funds paid as benefits under this subchapter, subchapter VIII of

this chapter, or subchapter XVI of this chapter, and

(II) a list of the names and social security account numbers

(or employer identification numbers) of all persons who have been

convicted of a violation of section 408, 1011, or 1383a of this

title.

(C)(i) Benefits of an individual may not be certified for payment

to any other person pursuant to this subsection if -

(I) such person has previously been convicted as described in

subparagraph (B)(i)(III),

(II) except as provided in clause (ii), certification of

payment of benefits to such person under this subsection has

previously been revoked as described in subparagraph

(B)(i)(IV),,(!4) the designation of such person as a

representative payee has been revoked pursuant to section 1007(a)

of this title, or payment of benefits to such person pursuant to

section 1383(a)(2)(A)(ii) of this title has previously been

terminated as described in section 1383(a)(2)(B)(ii)(IV) of this

title, or

(III) except as provided in clause (iii), such person is a

creditor of such individual who provides such individual with

goods or services for consideration.

(ii) The Commissioner of Social Security shall prescribe

regulations under which the Commissioner of Social Security may

grant exemptions to any person from the provisions of clause

(i)(II) on a case-by-case basis if such exemption is in the best

interest of the individual whose benefits would be paid to such

person pursuant to this subsection.

(iii) Clause (i)(III) shall not apply with respect to any person

who is a creditor referred to therein if such creditor is -

(I) a relative of such individual if such relative resides in

the same household as such individual,

(II) a legal guardian or legal representative of such

individual,

(III) a facility that is licensed or certified as a care

facility under the law of a State or a political subdivision of a

State,

(IV) a person who is an administrator, owner, or employee of a

facility referred to in subclause (III) if such individual

resides in such facility, and the certification of payment to

such facility or such person is made only after good faith

efforts have been made by the local servicing office of the

Social Security Administration to locate an alternative

representative payee to whom such certification of payment would

serve the best interests of such individual, or

(V) an individual who is determined by the Commissioner of

Social Security, on the basis of written findings and under

procedures which the Commissioner of Social Security shall

prescribe by regulation, to be acceptable to serve as a

representative payee.

(iv) The procedures referred to in clause (iii)(V) shall require

the individual who will serve as representative payee to establish,

to the satisfaction of the Commissioner of Social Security, that -

(I) such individual poses no risk to the beneficiary,

(II) the financial relationship of such individual to the

beneficiary poses no substantial conflict of interest, and

(III) no other more suitable representative payee can be found.

(v) In the case of an individual described in paragraph (1)(B),

when selecting such individual's representative payee, preference

shall be given to -

(I) a community-based nonprofit social service agency licensed

or bonded by the State,

(II) a Federal, State, or local government agency whose mission

is to carry out income maintenance, social service, or health

care-related activities,

(III) a State or local government agency with fiduciary

responsibilities, or

(IV) a designee of an agency (other than of a Federal agency)

referred to in the preceding subclauses of this clause, if the

Commissioner of Social Security deems it appropriate,

unless the Commissioner of Social Security determines that

selection of a family member would be appropriate.

(D)(i) Subject to clause (ii), if the Commissioner of Social

Security makes a determination described in the first sentence of

paragraph (1) with respect to any individual's benefit and

determines that direct payment of the benefit to the individual

would cause substantial harm to the individual, the Commissioner of

Social Security may defer (in the case of initial entitlement) or

suspend (in the case of existing entitlement) direct payment of

such benefit to the individual, until such time as the selection of

a representative payee is made pursuant to this subsection.

(ii)(I) Except as provided in subclause (II), any deferral or

suspension of direct payment of a benefit pursuant to clause (i)

shall be for a period of not more than 1 month.

(II) Subclause (I) shall not apply in any case in which the

individual is, as of the date of the Commissioner's determination,

legally incompetent, under the age of 15 years, or described in

paragraph (1)(B).

(iii) Payment pursuant to this subsection of any benefits which

are deferred or suspended pending the selection of a representative

payee shall be made to the individual or the representative payee

as a single sum or over such period of time as the Commissioner of

Social Security determines is in the best interest of the

individual entitled to such benefits.

(E)(i) Any individual who is dissatisfied with a determination by

the Commissioner of Social Security to certify payment of such

individual's benefit to a representative payee under paragraph (1)

or with the designation of a particular person to serve as

representative payee shall be entitled to a hearing by the

Commissioner of Social Security to the same extent as is provided

in subsection (b) of this section, and to judicial review of the

Commissioner's final decision as is provided in subsection (g) of

this section.

(ii) In advance of the certification of payment of an

individual's benefit to a representative payee under paragraph (1),

the Commissioner of Social Security shall provide written notice of

the Commissioner's initial determination to certify such payment.

Such notice shall be provided to such individual, except that, if

such individual -

(I) is under the age of 15,

(II) is an unemancipated minor under the age of 18, or

(III) is legally incompetent,

then such notice shall be provided solely to the legal guardian or

legal representative of such individual.

(iii) Any notice described in clause (ii) shall be clearly

written in language that is easily understandable to the reader,

shall identify the person to be designated as such individual's

representative payee, and shall explain to the reader the right

under clause (i) of such individual or of such individual's legal

guardian or legal representative -

(I) to appeal a determination that a representative payee is

necessary for such individual,

(II) to appeal the designation of a particular person to serve

as the representative payee of such individual, and

(III) to review the evidence upon which such designation is

based and submit additional evidence.

(3)(A) In any case where payment under this subchapter is made to

a person other than the individual entitled to such payment, the

Commissioner of Social Security shall establish a system of

accountability monitoring whereby such person shall report not less

often than annually with respect to the use of such payments. The

Commissioner of Social Security shall establish and implement

statistically valid procedures for reviewing such reports in order

to identify instances in which such persons are not properly using

such payments.

(B) Subparagraph (A) shall not apply in any case where the other

person to whom such payment is made is a State institution. In such

cases, the Commissioner of Social Security shall establish a system

of accountability monitoring for institutions in each State.

(C) Subparagraph (A) shall not apply in any case where the

individual entitled to such payment is a resident of a Federal

institution and the other person to whom such payment is made is

the institution.

(D) Notwithstanding subparagraphs (A), (B), and (C), the

Commissioner of Social Security may require a report at any time

from any person receiving payments on behalf of another, if the

Commissioner of Social Security has reason to believe that the

person receiving such payments is misusing such payments.

(E) The Commissioner of Social Security shall maintain a

centralized file, which shall be updated periodically and which

shall be in a form which will be readily retrievable by each

servicing office of the Social Security Administration, of -

(i) the address and the social security account number (or

employer identification number) of each representative payee who

is receiving benefit payments pursuant to this subsection,

section 1007 of this title, or section 1383(a)(2) of this title,

and

(ii) the address and social security account number of each

individual for whom each representative payee is reported to be

providing services as representative payee pursuant to this

subsection, section 1007 of this title, or section 1383(a)(2) of

this title.

(F) Each servicing office of the Administration shall maintain a

list, which shall be updated periodically, of public agencies and

community-based nonprofit social service agencies which are

qualified to serve as representative payees pursuant to this

subsection or section 1007 or 1383(a)(2) of this title and which

are located in the area served by such servicing office.

(4)(A)(i) A qualified organization may collect from an individual

a monthly fee for expenses (including overhead) incurred by such

organization in providing services performed as such individual's

representative payee pursuant to this subsection if such fee does

not exceed the lesser of -

(I) 10 percent of the monthly benefit involved, or

(II) $25.00 per month ($50.00 per month in any case in which

the individual is described in paragraph (1)(B)).

The Commissioner of Social Security shall adjust annually (after

1995) each dollar amount set forth in subclause (II) under

procedures providing for adjustments in the same manner and to the

same extent as adjustments are provided for under the procedures

used to adjust benefit amounts under section 415(i)(2)(A) of this

title, except that any amount so adjusted that is not a multiple of

$1.00 shall be rounded to the nearest multiple of $1.00. Any

agreement providing for a fee in excess of the amount permitted

under this subparagraph shall be void and shall be treated as

misuse by such organization of such individual's benefits.

(ii) In the case of an individual who is no longer currently

entitled to monthly insurance benefits under this subchapter but to

whom all past-due benefits have not been paid, for purposes of

clause (i), any amount of such past-due benefits payable in any

month shall be treated as a monthly benefit referred to in clause

(i)(I).

(B) For purposes of this paragraph, the term "qualified

organization" means any State or local government agency whose

mission is to carry out income maintenance, social service, or

health care-related activities, any State or local government

agency with fiduciary responsibilities, or any community-based

nonprofit social service agency which is bonded or licensed in each

State in which it serves as a representative payee, if such agency,

in accordance with any applicable regulations of the Commissioner

of Social Security -

(i) regularly provides services as the representative payee,

pursuant to this subsection or section 1007 or 1383(a)(2) of this

title, concurrently to 5 or more individuals,(!5)

(ii) demonstrates to the satisfaction of the Commissioner of

Social Security that such agency is not otherwise a creditor of

any such individual.

The Commissioner of Social Security shall prescribe regulations

under which the Commissioner of Social Security may grant an

exception from clause (ii) for any individual on a case-by-case

basis if such exception is in the best interests of such

individual.

(C) Any qualified organization which knowingly charges or

collects, directly or indirectly, any fee in excess of the maximum

fee prescribed under subparagraph (A) or makes any agreement,

directly or indirectly, to charge or collect any fee in excess of

such maximum fee, shall be fined in accordance with title 18, or

imprisoned not more than 6 months, or both.

(5) In cases where the negligent failure of the Commissioner of

Social Security to investigate or monitor a representative payee

results in misuse of benefits by the representative payee, the

Commissioner of Social Security shall certify for payment to the

beneficiary or the beneficiary's alternative representative payee

an amount equal to such misused benefits. The Commissioner of

Social Security shall make a good faith effort to obtain

restitution from the terminated representative payee.

(6) The Commissioner of Social Security shall include as a part

of the annual report required under section 904 (!6) of this title

information with respect to the implementation of the preceding

provisions of this subsection, including the number of cases in

which the representative payee was changed, the number of cases

discovered where there has been a misuse of funds, how any such

cases were dealt with by the Commissioner of Social Security, the

final disposition of such cases, including any criminal penalties

imposed, and such other information as the Commissioner of Social

Security determines to be appropriate.

(7) For purposes of this subsection, the term "benefit based on

disability" of an individual means a disability insurance benefit

of such individual under section 423 of this title or a child's,

widow's, or widower's insurance benefit of such individual under

section 402 of this title based on such individual's disability.

(k) Payments to incompetents

Any payment made after December 31, 1939, under conditions set

forth in subsection (j) of this section, any payment made before

January 1, 1940, to, or on behalf of, a legally incompetent

individual, and any payment made after December 31, 1939, to a

legally incompetent individual without knowledge by the

Commissioner of Social Security of incompetency prior to

certification of payment, if otherwise valid under this subchapter,

shall be a complete settlement and satisfaction of any claim,

right, or interest in and to such payment.

(l) Delegation of powers and duties by Commissioner

The Commissioner of Social Security is authorized to delegate to

any member, officer, or employee of the Social Security

Administration designated by the Commissioner any of the powers

conferred upon the Commissioner by this section, and is authorized

to be represented by the Commissioner's own attorneys in any court

in any case or proceeding arising under the provisions of

subsection (e) of this section.

(m) Repealed. Aug. 28, 1950, ch. 809, title I, Sec. 101(b)(2), 64

Stat. 488

(n) Joint payments

The Commissioner of Social Security may, in the Commissioner's

discretion, certify to the Managing Trustee any two or more

individuals of the same family for joint payment of the total

benefits payable to such individuals for any month, and if one of

such individuals dies before a check representing such joint

payment is negotiated, payment of the amount of such unnegotiated

check to the surviving individual or individuals may be authorized

in accordance with regulations of the Secretary of the Treasury;

except that appropriate adjustment or recovery shall be made under

section 404(a) of this title with respect to so much of the amount

of such check as exceeds the amount to which such surviving

individual or individuals are entitled under this subchapter for

such month.

(o) Crediting of compensation under Railroad Retirement Act

If there is no person who would be entitled, upon application

therefor, to an annuity under section 2 of the Railroad Retirement

Act of 1974 [45 U.S.C. 231a], or to a lump-sum payment under

section 6(b) of such Act [45 U.S.C. 231e(b)], with respect to the

death of an employee (as defined in such Act), then,

notwithstanding section 410(a)(9) of this title, compensation (as

defined in such Railroad Retirement Act, but excluding compensation

attributable as having been paid during any month on account of

military service creditable under section 3(i) of such Act [45

U.S.C. 231b(i)] if wages are deemed to have been paid to such

employee during such month under subsection (a) or (e) of section

417 of this title) of such employee shall constitute remuneration

for employment for purposes of determining (A) entitlement to and

the amount of any lump-sum death payment under this subchapter on

the basis of such employee's wages and self-employment income and

(B) entitlement to and the amount of any monthly benefit under this

subchapter, for the month in which such employee died or for any

month thereafter, on the basis of such wages and self-employment

income. For such purposes, compensation (as so defined) paid in a

calendar year before 1978 shall, in the absence of evidence to the

contrary, be presumed to have been paid in equal proportions with

respect to all months in the year in which the employee rendered

services for such compensation.

(p) Special rules in case of Federal service

(1) With respect to service included as employment under section

410 of this title which is performed in the employ of the United

States or in the employ of any instrumentality which is wholly

owned by the United States, including service, performed as a

member of a uniformed service, to which the provisions of

subsection (l)(1) of such section are applicable, and including

service, performed as a volunteer or volunteer leader within the

meaning of the Peace Corps Act [22 U.S.C. 2501 et seq.], to which

the provisions of section 410(o) of this title are applicable, the

Commissioner of Social Security shall not make determinations as to

the amounts of remuneration for such service, or the periods in

which or for which such remuneration was paid, but shall accept the

determinations with respect thereto of the head of the appropriate

Federal agency or instrumentality, and of such agents as such head

may designate, as evidenced by returns filed in accordance with the

provisions of section 3122 of the Internal Revenue Code of 1954 and

certifications made pursuant to this subsection. Such

determinations shall be final and conclusive. Nothing in this

paragraph shall be construed to affect the Commissioner's authority

to determine under sections 409 and 410 of this title whether any

such service constitutes employment, the periods of such

employment, and whether remuneration paid for any such service

constitutes wages.

(2) The head of any such agency or instrumentality is authorized

and directed, upon written request of the Commissioner of Social

Security, to make certification to the Commissioner with respect to

any matter determinable for the Commissioner of Social Security by

such head or his agents under this subsection, which the

Commissioner of Social Security finds necessary in administering

this subchapter.

(3) The provisions of paragraphs (1) and (2) of this subsection

shall be applicable in the case of service performed by a civilian

employee, not compensated from funds appropriated by the Congress,

in the Army and Air Force Exchange Service, Army and Air Force

Motion Picture Service, Navy Exchanges, Marine Corps Exchanges, or

other activities, conducted by an instrumentality of the United

States subject to the jurisdiction of the Secretary of Defense, at

installations of the Department of Defense for the comfort,

pleasure, contentment, and mental and physical improvement of

personnel of such Department; and for purposes of paragraphs (1)

and (2) of this subsection the Secretary of Defense shall be deemed

to be the head of such instrumentality. The provisions of

paragraphs (1) and (2) shall be applicable also in the case of

service performed by a civilian employee, not compensated from

funds appropriated by the Congress, in the Coast Guard Exchanges or

other activities, conducted by an instrumentality of the United

States subject to the jurisdiction of the Secretary of

Transportation, at installations of the Coast Guard for the

comfort, pleasure, contentment, and mental and physical improvement

of personnel of the Coast Guard; and for purposes of paragraphs (1)

and (2) the Secretary of Transportation shall be deemed to be the

head of such instrumentality.

(q) Expedited benefit payments

(1) The Commissioner of Social Security shall establish and put

into effect procedures under which expedited payment of monthly

insurance benefits under this subchapter will, subject to paragraph

(4) of this subsection, be made as set forth in paragraphs (2) and

(3) of this subsection.

(2) In any case in which -

(A) an individual makes an allegation that a monthly benefit

under this subchapter was due him in a particular month but was

not paid to him, and

(B) such individual submits a written request for the payment

of such benefit -

(i) in the case of an individual who received a regular

monthly benefit in the month preceding the month with respect

to which such allegation is made, not less than 30 days after

the 15th day of the month with respect to which such allegation

is made (and in the event that such request is submitted prior

to the expiration of such 30-day period, it shall be deemed to

have been submitted upon the expiration of such period), and

(ii) in any other case, not less than 90 days after the later

of (I) the date on which such benefit is alleged to have been

due, or (II) the date on which such individual furnished the

last information requested by the Commissioner of Social

Security (and such written request will be deemed to be filed

on the day on which it was filed, or the ninetieth day after

the first day on which the Commissioner of Social Security has

evidence that such allegation is true, whichever is later),

the Commissioner of Social Security shall, if the Commissioner

finds that benefits are due, certify such benefits for payment, and

payment shall be made within 15 days immediately following the date

on which the written request is deemed to have been filed.

(3) In any case in which the Commissioner of Social Security

determines that there is evidence, although additional evidence

might be required for a final decision, that an allegation

described in paragraph (2)(A) is true, the Commissioner may make a

preliminary certification of such benefit for payment even though

the 30-day or 90-day periods described in paragraph (2)(B)(i) and

(B)(ii) have not elapsed.

(4) Any payment made pursuant to a certification under paragraph

(3) of this subsection shall not be considered an incorrect payment

for purposes of determining the liability of the certifying or

disbursing officer.

(5) For purposes of this subsection, benefits payable under

section 428 of this title shall be treated as monthly insurance

benefits payable under this subchapter. However, this subsection

shall not apply with respect to any benefit for which a check has

been negotiated, or with respect to any benefit alleged to be due

under either section 423 of this title, or section 402 of this

title to a wife, husband, or child of an individual entitled to or

applying for benefits under section 423 of this title, or to a

child who has attained age 18 and is under a disability, or to a

widow or widower on the basis of being under a disability.

(r) Use of death certificates to correct program information

(1) The Commissioner of Social Security shall undertake to

establish a program under which -

(A) States (or political subdivisions thereof) voluntarily

contract with the Commissioner of Social Security to furnish the

Commissioner of Social Security periodically with information (in

a form established by the Commissioner of Social Security in

consultation with the States) concerning individuals with respect

to whom death certificates (or equivalent documents maintained by

the States or subdivisions) have been officially filed with them;

and

(B) there will be (i) a comparison of such information on such

individuals with information on such individuals in the records

being used in the administration of this chapter, (ii) validation

of the results of such comparisons, and (iii) corrections in such

records to accurately reflect the status of such individuals.

(2) Each State (or political subdivision thereof) which furnishes

the Commissioner of Social Security with information on records of

deaths in the State or subdivision under this subsection may be

paid by the Commissioner of Social Security from amounts available

for administration of this chapter the reasonable costs

(established by the Commissioner of Social Security in

consultations with the States) for transcribing and transmitting

such information to the Commissioner of Social Security.

(3) In the case of individuals with respect to whom federally

funded benefits are provided by (or through) a Federal or State

agency other than under this chapter, the Commissioner of Social

Security shall to the extent feasible provide such information

through a cooperative arrangement with such agency, for ensuring

proper payment of those benefits with respect to such individuals

if -

(A) under such arrangement the agency provides reimbursement to

the Commissioner of Social Security for the reasonable cost of

carrying out such arrangement, and

(B) such arrangement does not conflict with the duties of the

Commissioner of Social Security under paragraph (1).

(4) The Commissioner of Social Security may enter into similar

agreements with States to provide information for their use in

programs wholly funded by the States if the requirements of

subparagraphs (A) and (B) of paragraph (3) are met.

(5) The Commissioner of Social Security may use or provide for

the use of such records as may be corrected under this section,

subject to such safeguards as the Commissioner of Social Security

determines are necessary or appropriate to protect the information

from unauthorized use or disclosure, for statistical and research

activities conducted by Federal and State agencies.

(6) Information furnished to the Commissioner of Social Security

under this subsection may not be used for any purpose other than

the purpose described in this subsection and is exempt from

disclosure under section 552 of title 5 and from the requirements

of section 552a of such title.

(7) The Commissioner of Social Security shall include information

on the status of the program established under this section and

impediments to the effective implementation of the program in the

1984 report required under section 904 of this title.

(8)(A) The Commissioner of Social Security shall, upon the

request of the official responsible for a State driver's license

agency pursuant to the Help America Vote Act of 2002 -

(i) enter into an agreement with such official for the purpose

of verifying applicable information, so long as the requirements

of subparagraphs (A) and (B) of paragraph (3) are met; and

(ii) include in such agreement safeguards to assure the

maintenance of the confidentiality of any applicable information

disclosed and procedures to permit such agency to use the

applicable information for the purpose of maintaining its

records.

(B) Information provided pursuant to an agreement under this

paragraph shall be provided at such time, in such place, and in

such manner as the Commissioner determines appropriate.

(C) The Commissioner shall develop methods to verify the accuracy

of information provided by the agency with respect to applications

for voter registration, for whom the last 4 digits of a social

security number are provided instead of a driver's license number.

(D) For purposes of this paragraph -

(i) the term "applicable information" means information

regarding whether -

(I) the name (including the first name and any family

forename or surname), the date of birth (including the month,

day, and year), and social security number of an individual

provided to the Commissioner match the information contained in

the Commissioner's records, and

(II) such individual is shown on the records of the

Commissioner as being deceased; and

(ii) the term "State driver's license agency" means the State

agency which issues driver's licenses to individuals within the

State and maintains records relating to such licensure.

(E) Nothing in this paragraph may be construed to require the

provision of applicable information with regard to a request for a

record of an individual if the Commissioner determines there are

exceptional circumstances warranting an exception (such as safety

of the individual or interference with an investigation).

(F) Applicable information provided by the Commission pursuant to

an agreement under this paragraph or by an individual to any agency

that has entered into an agreement under this paragraph shall be

considered as strictly confidential and shall be used only for the

purposes described in this paragraph and for carrying out an

agreement under this paragraph. Any officer or employee or former

officer or employee of a State, or any officer or employee or

former officer or employee of a contractor of a State who, without

the written authority of the Commissioner, publishes or

communicates any applicable information in such individual's

possession by reason of such employment or position as such an

officer, shall be guilty of a felony and upon conviction thereof

shall be fined or imprisoned, or both, as described in section 408

of this title.

(s) Notice requirements

The Commissioner of Social Security shall take such actions as

are necessary to ensure that any notice to one or more individuals

issued pursuant to this subchapter by the Commissioner of Social

Security or by a State agency -

(1) is written in simple and clear language, and

(2) includes the address and telephone number of the local

office of the Social Security Administration which serves the

recipient.

In the case of any such notice which is not generated by a local

servicing office, the requirements of paragraph (2) shall be

treated as satisfied if such notice includes the address of the

local office of the Social Security Administration which services

the recipient of the notice and a telephone number through which

such office can be reached.

(t) Same-day personal interviews at field offices in cases where

time is of essence

In any case in which an individual visits a field office of the

Social Security Administration and represents during the visit to

an officer or employee of the Social Security Administration in the

office that the individual's visit is occasioned by -

(1) the receipt of a notice from the Social Security

Administration indicating a time limit for response by the

individual, or

(2) the theft, loss, or nonreceipt of a benefit payment under

this subchapter,

the Commissioner of Social Security shall ensure that the

individual is granted a face-to-face interview at the office with

an officer or employee of the Social Security Administration before

the close of business on the day of the visit.

(u) Redetermination of entitlement

(1)(A) The Commissioner of Social Security shall immediately

redetermine the entitlement of individuals to monthly insurance

benefits under this subchapter if there is reason to believe that

fraud or similar fault was involved in the application of the

individual for such benefits, unless a United States attorney, or

equivalent State prosecutor, with jurisdiction over potential or

actual related criminal cases, certifies, in writing, that there is

a substantial risk that such action by the Commissioner of Social

Security with regard to beneficiaries in a particular investigation

would jeopardize the criminal prosecution of a person involved in a

suspected fraud.

(B) When redetermining the entitlement, or making an initial

determination of entitlement, of an individual under this

subchapter, the Commissioner of Social Security shall disregard any

evidence if there is reason to believe that fraud or similar fault

was involved in the providing of such evidence.

(2) For purposes of paragraph (1), similar fault is involved with

respect to a determination if -

(A) an incorrect or incomplete statement that is material to

the determination is knowingly made; or

(B) information that is material to the determination is

knowingly concealed.

(3) If, after redetermining pursuant to this subsection the

entitlement of an individual to monthly insurance benefits, the

Commissioner of Social Security determines that there is

insufficient evidence to support such entitlement, the Commissioner

of Social Security may terminate such entitlement and may treat

benefits paid on the basis of such insufficient evidence as

overpayments.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 205, 49 Stat. 624; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1368; June 25,

1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139,

Sec. 127, 63 Stat. 107; Aug. 28, 1950, ch. 809, title I, Secs.

101(b)(2), 108(a)-(c), 109(b), 64 Stat. 488, 518, 523; July 18,

1952, ch. 945, Sec. 5(b), 66 Stat. 775; Sept. 1, 1954, ch. 1206,

title I, Sec. 101(a)(5), (c)(3), 68 Stat. 1052, 1054; Aug. 1, 1956,

ch. 836, title I, Secs. 107(b), 111(a), 117, 70 Stat. 829, 831,

834; Aug. 1, 1956, ch. 837, title IV, Sec. 402(b), 70 Stat. 871;

Pub. L. 86-507, Sec. 1(35), June 11, 1960, 74 Stat. 202; Pub. L.

86-778, title I, Secs. 102(f)(2), 103(j)(2)(E), title VII, Sec.

702(a), Sept. 13, 1960, 74 Stat. 933, 938, 993; Pub. L. 87-293,

title II, Sec. 202(b)(3), Sept. 21, 1961, 75 Stat. 626; Pub. L.

89-97, title III, Secs. 308(d)(9), (10), 330, July 30, 1965, 79

Stat. 379, 401; Pub. L. 90-248, title I, Sec. 171(a), Jan. 2, 1968,

81 Stat. 876; Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84

Stat. 930; Pub. L. 92-603, title I, Sec. 137, Oct. 30, 1972, 86

Stat. 1364; Pub. L. 93-445, title III, Secs. 302(a), 303, Oct. 16,

1974, 88 Stat. 1358; Pub. L. 94-202, Sec. 4, Jan. 2, 1976, 89 Stat.

1136; Pub. L. 94-455, title XII, Sec. 1211(b), Oct. 4, 1976, 90

Stat. 1711; Pub. L. 95-216, title III, Sec. 353(f)(2), Dec. 20,

1977, 91 Stat. 1554; Pub. L. 95-600, title VII, Sec. 703(j)(14)(B),

Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96-265, title III, Secs.

305(a), 307, June 9, 1980, 94 Stat. 457, 458; Pub. L. 97-455, Sec.

4(a), Jan. 12, 1983, 96 Stat. 2499; Pub. L. 98-21, title III, Secs.

301(d), 309(i), 336, 345(a), Apr. 20, 1983, 97 Stat. 111, 117, 130,

137; Pub. L. 98-369, div. B, title VI, Secs. 2661(h), 2663(a)(4),

(j)(4), July 18, 1984, 98 Stat. 1157, 1162, 1171; Pub. L. 98-460,

Sec. 16(a), Oct. 9, 1984, 98 Stat. 1809; Pub. L. 99-509, title IX,

Sec. 9002(c)(2)(A), (B), Oct. 21, 1986, 100 Stat. 1971; Pub. L.

100-485, title I, Sec. 125(a), Oct. 13, 1988, 102 Stat. 2353; Pub.

L. 100-647, title VIII, Secs. 8008(a), 8009(a), 8015(a)(1),

8016(a)(1), Nov. 10, 1988, 102 Stat. 3783, 3787, 3790, 3792; Pub.

L. 101-239, title X, Secs. 10303(a), 10304, Dec. 19, 1989, 103

Stat. 2482, 2483; Pub. L. 101-508, title V, Secs. 5105(a)(1)(A),

(2)(A)(i), (3)(A)(i), (b)(1)(A), (c)(1), (d)(1)(A), 5107(a)(1),

5109(a)(1), Nov. 5, 1990, 104 Stat. 1388-254, 1388-255, 1388-260,

1388-263, 1388-265, 1388-269, 1388-271; Pub. L. 101-624, title

XVII, Sec. 1735(a), (b), title XXII, Sec. 2201(b), (c), Nov. 28,

1990, 104 Stat. 3791, 3792, 3951, 3952; Pub. L. 103-296, title I,

Sec. 107(a)(1), (2), (4), title II, Secs. 201(a)(1)(A), (B),

(2)(A)-(C), 206(a)(1), (d)(1), title III, Secs. 304(a), 316(a),

318, 321(a)(7)-(11), (c)(3), (6)(B), (f)(2)(A), Aug. 15, 1994, 108

Stat. 1477, 1478, 1490-1493, 1509, 1514, 1520, 1531, 1533, 1536,

1538, 1541; Pub. L. 104-121, title I, Sec. 105(a)(2), Mar. 29,

1996, 110 Stat. 852; Pub. L. 104-193, title I, Sec. 108(a)(1), Aug.

22, 1996, 110 Stat. 2164; Pub. L. 105-34, title X, Sec. 1090(b)(1),

Aug. 5, 1997, 111 Stat. 962; Pub. L. 106-169, title II, Sec.

251(b)(2), Dec. 14, 1999, 113 Stat. 1854; Pub. L. 107-90, title I,

Sec. 103(i)(3), Dec. 21, 2001, 115 Stat. 882; Pub. L. 107-252,

title III, Sec. 303(a)(5)(C), Oct. 29, 2002, 116 Stat. 1711.)

-REFTEXT-

REFERENCES IN TEXT

Subsecs. (e) and (q) of section 418 of this title, referred to in

subsec. (c)(1)(D)(i), (5)(F)(iii), which related to payments and

reports by States, and to time limitation on assessments,

respectively, were repealed, and subsec. (f) of section 418 of this

title was redesignated as subsec. (e), by Pub. L. 99-509, title IX,

Sec. 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971.

Parts A and D of subchapter IV of this chapter, referred to in

subsec. (c)(2)(C)(ii), (vi), are classified to sections 601 et seq.

and 651 et seq., respectively, of this title.

Section 7(a) of the Privacy Act of 1974, referred to in subsec.

(c)(2)(C)(ii), is section 7(a) of Pub. L. 93-579, which is set out

as a note under section 552a of Title 5, Government Organization

and Employees.

The Food Stamp Act of 1977, referred to in subsec.

(c)(2)(C)(iii)(I), (II), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat.

703, as amended, which is classified generally to chapter 51 (Sec.

2011 et seq.) of Title 7, Agriculture. For complete classification

of this Act to the Code, see Short Title note set out under section

2011 of Title 7 and Tables.

The Federal Crop Insurance Act, referred to in subsec.

(c)(2)(C)(iv), is title V of act Feb. 16, 1938, ch. 30, 52 Stat.

72, as amended, which is classified generally to chapter 36 (Sec.

1501 et seq.) of Title 7. For complete classification of this Act

to the Code, see section 1501 of Title 7 and Tables.

The Internal Revenue Code of 1986, referred to in subsec.

(c)(2)(C)(viii)(II), (H), is classified generally to Title 26,

Internal Revenue Code.

The Longshore and Harbor Workers' Compensation Act, referred to

in subsec. (c)(2)(C)(ix), is act Mar. 4, 1927, ch. 509, 44 Stat.

1424, as amended, which is classified generally to chapter 18 (Sec.

901 et seq.) of Title 33, Navigation and Navigable Waters. For

complete classification of this Act to the Code, see section 901 of

Title 33 and Tables.

The Railroad Retirement Act of 1937, referred to in subsecs.

(c)(5)(D) and (i), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as

amended generally. See par. for Railroad Retirement Act of 1974

below.

The Railroad Retirement Act of 1974, referred to in subsecs.

(c)(5)(D), (i), and (o), is act Aug. 29, 1935, ch. 812, as amended

generally by Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88

Stat. 1305, which is classified generally to subchapter IV (Sec.

231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93-445

completely amended and revised the Railroad Retirement Act of 1937

(approved June 24, 1937, ch. 382, 50 Stat. 307), and as thus

amended and revised, the 1937 Act was redesignated the Railroad

Retirement Act of 1974. Previously, the 1937 Act had completely

amended and revised the Railroad Retirement Act of 1935 (approved

Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the 1937 Act

provided that the 1935 Act, as in force prior to amendment by the

1937 Act, may be cited as the Railroad Retirement Act of 1935; and

that the 1935 Act, as amended by the 1937 Act may be cited as the

Railroad Retirement Act of 1937. The Railroad Retirement Acts of

1935 and 1937 were classified to subchapter II (Sec. 215 et seq.)

and subchapter III (Sec. 228a et seq.), respectively, of chapter 9

of Title 45. For further details and complete classification of

these Acts to the Code, see Codification note set out preceding

section 231 of Title 45, section 231t of Title 45, and Tables.

Title VIII of the Social Security Act, referred to in subsec.

(c)(5)(F)(i), probably means former title VIII of the Social

Security Act, which was classified to subchapter VIII (Sec. 1001 et

seq.) of this chapter, and was omitted from the Code as superseded

by the provisions of the Internal Revenue Code of 1939 and the

Internal Revenue Code of 1986.

Subchapter E of chapter 1 and subchapter A of chapter 9 of the

Internal Revenue Code of 1939, referred to in subsec. (c)(5)(F)(i),

were comprised of sections 480 to 482 and 1400 to 1432,

respectively, and were repealed (subject to certain exceptions) by

section 7851(a)(1)(A), (3) of the Internal Revenue Code of 1986.

For provision deeming a reference in other laws to a provision of

the 1939 Code as a reference to the corresponding provisions of the

1986 Code, see section 7852(b) of the 1986 Code. For table of

comparisons of the 1939 Code to the 1986 Code, see table preceding

section 1 of Title 26, Internal Revenue Code. The Internal Revenue

Code of 1986 is classified generally to Title 26.

Chapters 2 and 21 of the Internal Revenue Code of 1954, referred

to in subsec. (c)(5)(F)(i), were redesignated chapters 2 and 21 of

the Internal Revenue Code of 1986, and are classified to sections

1401 et seq. and 3101 et seq., respectively, of Title 26.

Section 904 of this title, referred to in subsec. (j)(6), was

amended generally by Pub. L. 103-296, title I, Sec. 104(a), Aug.

15, 1994, 108 Stat. 1470, and, as so amended, does not require an

annual report.

The Peace Corps Act, referred to in subsec. (p)(1), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

Section 3122 of the Internal Revenue Code of 1954, referred to in

subsec. (p)(1), redesignated section 3122 of the Internal Revenue

Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, and is classified to section 3122 of Title 26, Internal

Revenue Code.

The Help America Vote Act of 2002, referred to in subsec.

(r)(8)(A), is Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666. For

complete classification of this Act to the Code, see Short Title

note set out under section 15301 of this title and Tables.

-COD-

CODIFICATION

August 15, 1994, referred to in subsec. (c)(2)(E)(iii), was in

the original "the date of the enactment of this subparagraph" and

"that date", which were translated as meaning the date of enactment

of Pub. L. 103-296, which added subsec. (c)(2)(E) and redesignated

former subsec. (c)(2)(E) as (c)(2)(F).

In subsec. (g), act June 25, 1948, as amended by act May 24,

1949, substituted United States District Court for the District of

Columbia, for District Court of the United States for the District

of Columbia.

-MISC1-

AMENDMENTS

2002 - Subsec. (r)(8). Pub. L. 107-252 added par. (8).

2001 - Subsec. (i). Pub. L. 107-90 inserted "(or five or more

years of service, all of which accrues after December 31, 1995)"

after "ten years of service".

1999 - Subsec. (j)(1)(A). Pub. L. 106-169, Sec. 251(b)(2)(A),

inserted "1007 or" before "1383(a)(2)".

Subsec. (j)(2)(B)(i)(I). Pub. L. 106-169, Sec. 251(b)(2)(B),

inserted ", subchapter VIII of this chapter," before "or subchapter

XVI of this chapter".

Subsec. (j)(2)(B)(i)(III). Pub. L. 106-169, Sec. 251(b)(2)(C),

inserted ", 1011," before "or 1383a".

Subsec. (j)(2)(B)(i)(IV). Pub. L. 106-169, Sec. 251(b)(2)(D),

inserted ", the designation of such person as a representative

payee has been revoked pursuant to section 1007(a) of this title,"

before "or payment of benefits" and ", subchapter VIII of this

chapter," before "or subchapter XVI of this chapter".

Subsec. (j)(2)(B)(ii)(I). Pub. L. 106-169, Sec. 251(b)(2)(E),

inserted "whose designation as a representative payee has been

revoked pursuant to section 1007(a) of this title," before "or with

respect to whom" and ", subchapter VIII of this chapter," before

"or subchapter XVI of this chapter".

Subsec. (j)(2)(B)(ii)(II). Pub. L. 106-169, Sec. 251(b)(2)(F),

inserted ", 1011," before "or 1383a".

Subsec. (j)(2)(C)(i)(II). Pub. L. 106-169, Sec. 251(b)(2)(G),

inserted ", the designation of such person as a representative

payee has been revoked pursuant to section 1007(a) of this title,"

before "or payment of benefits".

Subsec. (j)(3)(E)(i), (ii). Pub. L. 106-169, Sec. 251(b)(2)(H),

inserted ", section 1007 of this title," before "or section

1383(a)(2) of this title".

Subsec. (j)(3)(F). Pub. L. 106-169, Sec. 251(b)(2)(I), inserted

"1007 or" before "1383(a)(2)".

Subsec. (j)(4)(B)(i). Pub. L. 106-169, Sec. 251(b)(2)(J),

inserted "1007 or" before "1383(a)(2)".

1997 - Subsec. (c)(2)(B)(ii). Pub. L. 105-34, Sec. 1090(b)(1)(A),

inserted at end "With respect to an application for a social

security account number for an individual who has not attained the

age of 18 before such application, such evidence shall include the

information described in subparagraph (C)(ii)."

Subsec. (c)(2)(C)(ii). Pub. L. 105-34, Sec. 1090(b)(1)(B),

inserted "the Commissioner of Social Security and" after "available

to" in second sentence.

Subsec. (c)(2)(H). Pub. L. 105-34, Sec. 1090(b)(1)(C), added

subpar. (H).

1996 - Subsec. (c)(2)(C)(vi). Pub. L. 104-193 inserted "an agency

administering a program funded under part A of subchapter IV of

this chapter or" before "an agency operating" and substituted "part

D of such subchapter" for "part A or D of subchapter IV of this

chapter".

Subsec. (j)(1)(B). Pub. L. 104-121, Sec. 105(a)(2)(A), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: "In the case of an individual entitled to benefits based

on disability, if alcoholism or drug addiction is a contributing

factor material to the Commissioner's determination that the

individual is under a disability, certification of payment of such

benefits to a representative payee shall be deemed to serve the

interest of such individual under this subchapter. In any case in

which such certification is so deemed under this subparagraph to

serve the interest of an individual, the Commissioner of Social

Security shall include, in such individual's notification of

entitlement, a notice that alcoholism or drug addiction is a

contributing factor material to the Commissioner's determination of

such individual's disability and that the Commissioner of Social

Security is therefore required to make a certification of payment

of such individual's benefits to a representative payee."

Subsec. (j)(2)(C)(v). Pub. L. 104-121, Sec. 105(a)(2)(B),

substituted "described in paragraph (1)(B)" for "entitled to

benefits based on disability, if alcoholism or drug addiction is a

contributing factor material to the Commissioner's determination

that the individual is under a disability".

Subsec. (j)(2)(D)(ii)(II). Pub. L. 104-121, Sec. 105(a)(2)(C),

substituted "described in paragraph (1)(B)." for "(if alcoholism or

drug addiction is a contributing factor material to the

Commissioner's determination that the individual is under a

disability) is eligible for benefits under this subchapter by

reason of disability.."

Subsec. (j)(4)(A)(i)(II). Pub. L. 104-121, Sec. 105(a)(2)(D),

substituted "described in paragraph (1)(B)" for "entitled to

benefits based on disability and alcoholism or drug addiction is a

contributing factor material to the Commissioner's determination

that the individual is under a disability".

1994 - Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (b)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted

wherever appearing "Commissioner of Social Security" for

"Secretary", "Commissioner's" for "Secretary's", "the Commissioner

may" for "he may", "the Commissioner shall" for "he shall", and

"the Commissioner's" for "his" except in the phrase "his or her

rights".

Subsec. (b)(3)(A). Pub. L. 103-296, Sec. 321(a)(7), realigned

margin.

Subsec. (b)(3)(B). Pub. L. 103-296, Sec. 321(a)(7), realigned

margin.

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary".

Subsec. (c)(1)(D)(i). Pub. L. 103-296, Sec. 321(c)(6)(B),

substituted "Code of 1986" for "Code of 1954".

Subsec. (c)(2)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in two places and

"the Commissioner deems" for "he deems".

Subsec. (c)(2)(B)(i). Pub. L. 103-296, Sec. 304(a)(1),

substituted "(F)" for "(E)" in introductory provisions.

Pub. L. 103-296, Sec. 107(a)(4), substituted "In carrying out the

Commissioner's duties" for "In carrying out his duties" in

introductory provisions and "Commissioner of Social Security" for

"Secretary" wherever appearing.

Subsec. (c)(2)(B)(ii). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (c)(2)(B)(iii). Pub. L. 103-296, Sec. 321(a)(8),

substituted "nonpublic" for "non-public".

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary".

Subsec. (c)(2)(C)(i), (ii). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

Subsec. (c)(2)(C)(iii). Pub. L. 103-296, Sec. 321(a)(9)(B),

redesignated the cl. (iii) as added by Pub. L. 101-624, Sec.

2201(b)(3), as cl. (iv).

Pub. L. 103-296, Sec. 316(a), amended cl. (iii) as added by Pub.

L. 101-624, Sec. 1735(a)(3), by inserting subcl. (I) designation

before "In the administration" and by substituting subcls. (II) to

(IV) for "The Secretary of Agriculture shall restrict, to the

satisfaction of the Secretary of Health and Human Services, access

to social security account numbers obtained pursuant to this clause

only to officers and employees of the United States whose duties or

responsibilities require access for the administration or

enforcement of the Food Stamp Act of 1977. The Secretary of

Agriculture shall provide such other safeguards as the Secretary of

Health and Human Services determines to be necessary or appropriate

to protect the confidentiality of the social security account

numbers."

Subsec. (c)(2)(C)(iii)(III), (IV). Pub. L. 103-296, Sec.

107(a)(1), in cl. (iii) as amended by Pub. L. 103-296, Sec. 316(a),

substituted "Commissioner of Social Security" for "Secretary of

Health and Human Services".

Subsec. (c)(2)(C)(iv). Pub. L. 103-296, Sec. 321(a)(9)(B),

redesignated the cl. (iii) as added by Pub. L. 101-624, Sec.

2201(b)(3), as cl. (iv). Former cl. (iv) redesignated (v).

Pub. L. 103-296, Sec. 107(a)(1), in cl. (iv) as redesignated by

Pub. L. 103-296, Sec. 321(a)(9)(B), substituted "Commissioner of

Social Security" for "Secretary of Health and Human Services" in

two places.

Subsec. (c)(2)(C)(v). Pub. L. 103-296, Sec. 321(a)(9)(B), (C),

redesignated cl. (iv) as (v), and substituted "policy set forth in

clause (i)" for "policy set forth in subclause (I) of clause (i)"

and "clause (ii)" for "subclause (II) of clause (i)". Former cl.

(v) redesignated (vi).

Subsec. (c)(2)(C)(vi). Pub. L. 103-296, Sec. 321(a)(9)(B),

redesignated cl. (v) as (vi). Former cl. (vi) redesignated (vii).

Subsec. (c)(2)(C)(vii). Pub. L. 103-296, Sec. 321(a)(9)(B),

redesignated cl. (vi) as (vii). Former cl. (vii) added by Pub. L.

101-624, Sec. 1735(b), redesignated (viii).

Pub. L. 103-296, Sec. 321(a)(9)(A), struck out cl. (vii) added by

Pub. L. 101-624, Sec. 2201(c), which was substantially identical to

the cl. (vii) added by Pub. L. 101-624, Sec. 1735(b).

Subsec. (c)(2)(C)(viii). Pub. L. 103-296, Sec. 321(a)(9)(B), (D),

redesignated the cl. (vii) added by Pub. L. 101-624, Sec. 1735(b),

as (viii) and inserted "a social security account number or" before

"a request for" in subcl. (IV).

Subsec. (c)(2)(C)(ix). Pub. L. 103-296, Sec. 318, added cl. (ix).

Pub. L. 103-296, Sec. 107(a)(1), amended cl. (ix) as added by

Pub. L. 103-296, Sec. 318, by substituting "Commissioner of Social

Security" for "Secretary of Health and Human Services" in two

places.

Subsec. (c)(2)(D)(i)(I), (II). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (c)(2)(E). Pub. L. 103-296, Sec. 304(a)(3), added subpar.

(E). Former subpar. (E) redesignated (F).

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (E) added by Pub. L.

103-296, Sec. 304(a)(3), substituted "Commissioner of Social

Security" for "Secretary".

Subsec. (c)(2)(F), (G). Pub. L. 103-296, Sec. 304(a)(2),

redesignated subpars. (E) and (F) as (F) and (G), respectively.

Pub. L. 103-296, Sec. 107(a)(4), in subpars. (F) and (G) as

redesignated by Pub. L. 103-296, Sec. 304(a)(2), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

Subsec. (c)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner's" for "Secretary's" and "Commissioner of Social

Security" for "Secretary".

Subsec. (c)(4). Pub. L. 103-296, Sec. 107(a)(4), in introductory

provisions, substituted "Commissioner of Social Security" for

"Secretary" and substituted "the Commissioner's" for "his" wherever

appearing, in subpars. (A) and (B), substituted "Commissioner's"

for "Secretary's", and in subpar. (C), substituted "Commissioner's

records as" for "Secretary's records as", "Commissioner of Social

Security" for "Secretary", and "the Commissioner's records the" for

"his records the".

Subsec. (c)(5). Pub. L. 103-296, Sec. 107(a)(4), in introductory

provisions substituted "Commissioner of Social Security" for

"Secretary" and substituted "the Commissioner's" for "his" in two

places.

Subsec. (c)(5)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner's" for "Secretary's" in two places.

Subsec. (c)(5)(F). Pub. L. 103-296, Sec. 107(a)(4), substituted

"the Commissioner's" for "his" in introductory provisions,

"Commissioner of Social Security" for "Secretary" in cl. (ii), and

"Commissioner's" for "Secretary's" in closing provisions.

Subsec. (c)(5)(F)(i). Pub. L. 103-296, Sec. 321(c)(3), inserted

"or the Internal Revenue Code of 1986" after "Code of 1954".

Subsec. (c)(5)(G), (J), (6), (7). Pub. L. 103-296, Sec.

107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing and "the Commissioner's" for "his"

before "records" in two places in par. (7).

Subsec. (c)(8). Pub. L. 103-296, Sec. 206(a)(1)(B), added par.

(8). Former par. (8) redesignated (9).

Subsec. (c)(9). Pub. L. 103-296, Sec. 206(a)(1)(A), redesignated

par. (8) as (9).

Pub. L. 103-296, Sec. 107(a)(4), in par. (9) as redesignated by

Pub. L. 103-296, Sec. 206(a)(1)(A), substituted "Commissioner of

Social Security" for "Secretary".

Subsec. (d). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, "the Commissioner's" for "his" before "jurisdiction",

and "by the Commissioner" for "by him".

Subsec. (e). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (g). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, "the Commissioner's" for "his" wherever appearing except

in second sentence, and "the Commissioner files" for "he files".

Subsec. (h). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

Subsec. (i). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "Commissioner's" for "Secretary's".

Subsec. (j). Pub. L. 103-296, Sec. 321(a)(10), made technical

amendment to heading.

Subsec. (j)(1). Pub. L. 103-296, Sec. 201(a)(1)(A), designated

existing provisions as subpar. (A), in last sentence inserted ", if

the interest of the individual under this subchapter would be

served thereby," after "payee or", and added subpar. (B).

Pub. L. 103-296, Sec. 107(a)(4), in par. (1) as amended by Pub.

L. 103-296, Sec. 201(a)(1)(A), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing and "Commissioner's"

for "Secretary's" in two places in subpar. (B).

Subsec. (j)(2)(A) to (C)(iv). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

Subsec. (j)(2)(C)(v). Pub. L. 103-296, Sec. 201(a)(2)(A), added

cl. (v).

Pub. L. 103-296, Sec. 107(a)(4), in cl. (v) as added by Pub. L.

103-296, Sec. 201(a)(2)(A), substituted "Commissioner's" for

"Secretary's" in introductory provisions and "Commissioner of

Social Security" for "Secretary" in subcl. (IV) and closing

provisions.

Subsec. (j)(2)(D)(i). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary" in

two places.

Subsec. (j)(2)(D)(ii)(II). Pub. L. 103-296, Sec. 201(a)(1)(B),

substituted ", under the age of 15 years, or (if alcoholism or drug

addiction is a contributing factor material to the Secretary's

determination that the individual is under a disability) is

eligible for benefits under this subchapter by reason of

disability." for "or under the age of 15".

Pub. L. 103-296, Sec. 107(a)(4), in subcl. (II) as amended by

Pub. L. 103-296, Sec. 201(a)(1)(B), substituted "Commissioner's"

for "Secretary's" in two places.

Subsec. (j)(2)(D)(iii), (E), (3)(A), (B), (D), (E). Pub. L.

103-296, Sec. 107(a)(4), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing and "Commissioner's"

for "Secretary's" in par. (2)(E)(i) and (ii).

Subsec. (j)(4)(A). Pub. L. 103-296, Sec. 201(a)(2)(B)(i),

designated existing provisions as cl. (i), redesignated former cls.

(i) and (ii) as subcls. (I) and (II), respectively, added new

subcl. (II) and struck out former subcl. (II) (as redesignated)

which read "$25.00 per month.", inserted "The Secretary shall

adjust annually (after 1995) each dollar amount set forth in

subclause (II) under procedures providing for adjustments in the

same manner and to the same extent as adjustments are provided for

under the procedures used to adjust benefit amounts under section

415(i)(2)(A) of this title, except that any amount so adjusted that

is not a multiple of $1.00 shall be rounded to the nearest multiple

of $1.00." before "Any agreement" in concluding provisions, and

added cl. (ii).

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by

Pub. L. 103-296, Sec. 201(a)(2)(B)(i), substituted "Commissioner's"

for "Secretary's" and "Commissioner of Social Security" for

"Secretary".

Subsec. (j)(4)(B). Pub. L. 103-296, Sec. 201(a)(2)(B)(ii), in

introductory provisions, inserted "State or local government agency

whose mission is to carry out income maintenance, social service,

or health care-related activities, any State or local government

agency with fiduciary responsibilities, or any" after "means any",

substituted "representative payee, if such agency," for

"representative payee and which,", substituted a period for ", and"

at end of cl. (ii), and struck out cl. (iii) which read as follows:

"was in existence on October 1, 1988."

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing.

Subsec. (j)(4)(D). Pub. L. 103-296, Sec. 201(a)(2)(B)(iii),

struck out subpar. (D) which read as follows: "This paragraph shall

cease to be effective on July 1, 1994."

Subsec. (j)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

Subsec. (j)(6). Pub. L. 103-296, Sec. 321(f)(2)(A), made

technical correction to Pub. L. 101-508, Sec. 5105(d)(1)(A). See

1990 Amendment note below.

Pub. L. 103-296, Sec. 107(a)(4), in par. (6) as amended by Pub.

L. 103-296, Sec. 321(f)(2)(A), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing.

Subsec. (j)(7). Pub. L. 103-296, Sec. 201(a)(2)(C), added par.

(7).

Subsec. (k). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (l). Pub. L. 103-296, Sec. 107(a)(2), (4), substituted

"Commissioner of Social Security" for "Secretary", "Social Security

Administration" for "Department of Health and Human Services", "by

the Commissioner" for "by him", "upon the Commissioner" for "upon

him", and "the Commissioner's" for "his".

Subsec. (n). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security may, in the Commissioner's

discretion" for "Secretary may, in his discretion".

Subsec. (p)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, "the Commissioner's" for "Secretary's" in par. (1), and

"to the Commissioner" for "to him" in par. (2).

Subsecs. (q), (r). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, "the Commissioner finds" for "he finds" in subsec.

(q)(2), and "the Commissioner may" for "he may" in subsec. (q)(3).

Subsec. (s). Pub. L. 103-296, Sec. 321(a)(11), made technical

amendment to heading.

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" in two places in introductory

provisions.

Subsec. (t). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in closing

provisions.

Subsec. (u). Pub. L. 103-296, Sec. 206(d)(1), added subsec. (u).

Pub. L. 103-296, Sec. 107(a)(4), in subsec. (u) added by Pub. L.

103-296, Sec. 206(d)(1), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing.

1990 - Subsec. (b)(3). Pub. L. 101-508, Sec. 5107(a)(1), added

par. (3).

Subsec. (c)(2)(C). Pub. L. 101-624, Secs. 1735(a), (b), 2201(b),

(c), made similar amendments redesignating subcls. (I) and (II) of

former cl. (i) as cls. (i) and (ii), respectively, adding two cls.

(iii) which are different, redesignating former cls. (ii) to (iv)

as (iv) to (vi), respectively, and adding two substantially

identical cls. (vii). Cls. (iii) and (vii), as added by Sec. 1735

of Pub. L. 101-624, are set out first and cls. (iii) and (vii), as

added by Sec. 2201 of Pub. L. 101-624, are set out second.

Subsec. (j). Pub. L. 101-508, Sec. 5105(a)(1)(A), inserted

heading "Representative payees".

Subsec. (j)(1). Pub. L. 101-508, Sec. 5105(a)(1)(A), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "When

it appears to the Secretary that the interest of an applicant

entitled to a payment would be served thereby, certification of

payment may be made, regardless of the legal competency or

incompetency of the individual entitled thereto, either for direct

payment to such applicant, or for his use and benefit to a relative

or some other person."

Subsec. (j)(2). Pub. L. 101-508, Sec. 5105(a)(2)(A)(i), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"Any certification made under paragraph (1) for payment to a person

other than the individual entitled to such payment must be made on

the basis of an investigation, carried out either prior to such

certification or within forty-five days after such certification,

and on the basis of adequate evidence that such certification is in

the interest of the individual entitled to such payment (as

determined by the Secretary in regulations). The Secretary shall

ensure that such certifications are adequately reviewed."

Subsec. (j)(3)(B), (C). Pub. L. 101-508, Sec. 5105(b)(1)(A)(i),

(ii), redesignated subpars. (C) and (D) as (B) and (C),

respectively, and struck out former subpar. (B) which read as

follows: "Subparagraph (A) shall not apply in any case where the

other person to whom such payment is made is a parent or spouse of

the individual entitled to such payment who lives in the same

household as such individual. The Secretary shall require such

parent or spouse to verify on a periodic basis that such parent or

spouse continues to live in the same household as such individual."

Subsec. (j)(3)(D). Pub. L. 101-508, Sec. 5105(b)(1)(A)(ii),

(iii), redesignated subpar. (E) as (D) and substituted "(A), (B),

and (C)" for "(A), (B), (C), and (D)". Former subpar. (D)

redesignated (C).

Subsec. (j)(3)(E), (F). Pub. L. 101-508, Sec. 5105(b)(1)(A)(ii),

(iv), added subpars. (E) and (F) and redesignated former subpar.

(E) as (D).

Subsec. (j)(4). Pub. L. 101-508, Sec. 5105(a)(3)(A)(i), added

par. (4). Former par. (4) redesignated (5).

Subsec. (j)(5). Pub. L. 101-508, Sec. 5105(c)(1), added par. (5)

relating to negligent failure of the Secretary to investigate or

monitor. Former par. (5), relating to annual report, redesignated

(6).

Pub. L. 101-508, Sec. 5105(a)(3)(A)(i), redesignated par. (4),

relating to annual report, as (5).

Subsec. (j)(6). Pub. L. 101-508, Sec. 5105(d)(1)(A), as amended

by Pub. L. 103-296, Sec. 321(f)(2)(A), amended par. (6) generally.

Prior to amendment, par. (6) read as follows:

"(A) The Secretary shall make an initial report to each House of

the Congress on the implementation of paragraphs (2) and (3) within

270 days after October 9, 1984.

"(B) The Secretary shall include as a part of the annual report

required under section 904 of this title, information with respect

to the implementation of paragraphs (2) and (3), including the

number of cases in which the payee was changed, the number of cases

discovered where there has been a misuse of funds, how any such

cases were dealt with by the Secretary, the final disposition of

such cases, including any criminal penalties imposed, and such

other information as the Secretary determines to be appropriate."

Pub. L. 101-508, Sec. 5105(c)(1), redesignated par. (5), relating

to annual report, as (6).

Subsec. (s). Pub. L. 101-508, Sec. 5109(a)(1), added subsec. (s).

1989 - Subsec. (c)(5)(H). Pub. L. 101-239, Sec. 10304, struck out

"if there is an absence of an entry in the Secretary's records of

wages having been paid by such employer to such individual in such

period" before semicolon at end.

Subsec. (t). Pub. L. 101-239, Sec. 10303(a), added subsec. (t).

1988 - Subsec. (c)(2)(B)(i). Pub. L. 100-647, Sec. 8009(a)(1),

inserted "and subparagraph (E)" after "subparagraph (A)".

Subsec. (c)(2)(C)(i). Pub. L. 100-485, Sec. 125(a)(1), designated

existing provisions as subcl. (I) and added subcl. (II).

Subsec. (c)(2)(C)(ii). Pub. L. 100-485, Sec. 125(a)(2),

substituted "subclause (I) of clause (i)" for "clause (i) of this

subparagraph" and inserted at end "If and to the extent that any

such provision is inconsistent with the requirement set forth in

subclause (II) of clause (i), such provision shall, on and after

October 13, 1988, be null, void, and of no effect."

Subsec. (c)(2)(C)(iii). Pub. L. 100-647, Sec. 8016(a)(1),

substituted "of this Act" for "of the Social Security Act", which

for purposes of codification was translated as "of this chapter".

Subsec. (c)(2)(D). Pub. L. 100-647, Sec. 8008(a)(2), added

subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (c)(2)(E). Pub. L. 100-647, Sec. 8009(a)(3), added

subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 100-647, Sec. 8008(a)(1), redesignated former subpar. (D)

as (E).

Subsec. (c)(2)(F). Pub. L. 100-647, Sec. 8009(a)(2), redesignated

former subpar. (E) as (F).

Subsec. (p)(1). Pub. L. 100-647, Sec. 8015(a)(1), substituted

"the Secretary shall not make determinations as to the amounts of

remuneration for such service, or the periods in which or for which

such remuneration was paid" for "the Secretary shall not make

determinations as to whether an individual has performed such

service, the periods of such service, the amounts of remuneration

for such service which constitute wages under the provisions of

section 409 of this title, or the periods in which or for which

such wages were paid" and inserted at end "Nothing in this

paragraph shall be construed to affect the Secretary's authority to

determine under sections 409 and 410 of this title whether any such

service constitutes employment, the periods of such employment, and

whether remuneration paid for any such service constitutes wages."

1986 - Subsec. (c)(1)(D)(i). Pub. L. 99-509, Sec. 9002(c)(2)(A),

inserted "(as in effect prior to December 31, 1986)".

Subsec. (c)(5)(F)(iii). Pub. L. 99-509, Sec. 9002(c)(2)(B),

inserted "(as in effect prior to December 31, 1986)" and "(as so in

effect)".

1984 - Subsec. (c)(5)(D). Pub. L. 98-369, Sec. 2663(a)(4)(A),

inserted "of 1937 or 1974" after "Railroad Retirement Act" in two

places.

Subsec. (c)(5)(I). Pub. L. 98-369, Sec. 2663(a)(4)(B), inserted

"or section 7(b)(7) of the Railroad Retirement Act of 1974".

Subsec. (e). Pub. L. 98-369, Sec. 2663(a)(4)(C), substituted "an

order" for "on order".

Subsec. (h). Pub. L. 98-369, Sec. 2663(a)(4)(D), substituted

"section 1331 or 1346 of title 28" for "section 24 of the Judicial

Code of the United States".

Subsec. (i). Pub. L. 98-369, Sec. 2663(a)(4)(E), substituted "the

Fiscal Service of the Department of the Treasury" for "the Division

of Disbursement of the Treasury Department".

Subsec. (j). Pub. L. 98-460 designated existing provisions as

par. (1) and added pars. (2) to (4).

Subsec. (l). Pub. L. 98-369, Sec. 2663(j)(4), substituted

"Department of Health and Human Services" for "Federal Security

Agency".

Subsec. (p)(1). Pub. L. 98-369, Sec. 2663(a)(4)(F), substituted

"section 3122 of the Internal Revenue Code of 1954" for "section

1420(e) of the Internal Revenue Code of 1939".

Subsec. (r)(4). Pub. L. 98-369, Sec. 2661(h)(1), substituted

"subparagraphs (A) and (B) of paragraph (3)" for "paragraph (3)(A)

and (B)".

Subsec. (r)(7). Pub. L. 98-369, Sec. 2661(h)(2), substituted

"this Act" for "the Act" which was translated as "this title".

1983 - Subsec. (b). Pub. L. 98-21, Secs. 301(d)(1), 309(i)(1), in

par. (1) inserted "divorced husband," after "husband,", "surviving

divorced husband," after "widower,", and "surviving divorced

father," after "surviving divorced mother,".

Pub. L. 97-455 designated existing provisions as par. (1) and

added par. (2).

Subsec. (c)(1)(C). Pub. L. 98-21, Secs. 301(d)(2), 309(i)(2),

inserted "surviving divorced husband," after "wife," and "surviving

divorced father," after "surviving divorced mother,".

Subsec. (c)(2)(D). Pub. L. 98-21, Sec. 345(a), added subpar. (D).

Subsec. (r). Pub. L. 98-21, Sec. 336, added subsec. (r).

1980 - Subsec. (b). Pub. L. 96-265, Sec. 305(a), inserted

provisions relating to the information that must accompany a

decision by the Secretary.

Subsec. (g). Pub. L. 96-265, Sec. 307, substituted "The court

may, on motion of the Secretary made for good cause shown before he

files his answer, remand the case to the Secretary for further

action by the Secretary, and it may at any time order additional

evidence to be taken before the Secretary, but only upon a showing

that there is new evidence which is material and that there is good

cause for the failure to incorporate such evidence into the record

in a prior proceeding;" for "The court shall, on motion of the

Secretary made before he files his answer, remand the case to the

Secretary for further action by the Secretary, and may, at any

time, on good cause shown, order additional evidence to be taken

before the Secretary,".

1978 - Subsec. (p)(3). Pub. L. 95-600 substituted "Secretary of

Transportation" for "Secretary of the Treasury" in two places.

1977 - Subsec. (c)(1)(A). Pub. L. 95-216, Sec. 353(f)(2)(A),

struck out "(as defined in section 411(e) of this title)" after

"taxable year".

Subsec. (c)(1)(D). Pub. L. 95-216, Sec. 353(f)(2)(B), added

subpar. (D).

Subsec. (o). Pub. L. 95-216, Sec. 353(f)(2)(C), inserted "before

1978" after "calendar year".

1976 - Subsec. (b). Pub. L. 94-202 substituted provisions that a

request for a hearing following the decision of the Secretary be

made within sixty days after notice of such decision is received

for provisions which authorized the Secretary to prescribe by

regulation the period within which to file a request, including the

limitation that the period so prescribed be not less than six

months after notice of the decision was mailed.

Subsec. (c)(2)(C). Pub. L. 94-455 added subpar. (C).

1974 - Subsec. (i). Pub. L. 93-445, Sec. 302(a), inserted

parenthetical provision covering service under the Railroad

Retirement Acts of 1937 and 1974 and certification to the Railroad

Retirement Board and payment on behalf of the Managing Trustee in

accordance with the provisions of the Railroad Retirement Act of

1974.

Subsec. (o). Pub. L. 93-445, Sec. 303, substituted "annuity under

section 2 of the Railroad Retirement Act of 1974" for "section 5 of

the Railroad Retirement Act of 1937", "section 6(b) of such Act"

for "subsection (f)(1) of such section", and "section 3(i) of such

Act" for "section 4 of such Act".

1972 - Subsec. (c)(2). Pub. L. 92-603 designated existing

provisions as par. (A) and added par. (B).

1970 - Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which

related to the immunity from prosecution of any person compelled to

testify or produce evidence after claiming his privilege against

self-incrimination.

1968 - Subsec. (q). Pub. L. 90-248, Sec. 171(a), added subsec.

(q).

1965 - Subsec. (b). Pub. L. 89-97, Sec. 308(d)(9), substituted in

second sentence "wife, divorced wife, widow, surviving divorced

wife, surviving divorced mother," for "wife, widow, former wife

divorced,".

Subsec. (c)(1)(C). Pub. L. 89-97, Sec. 308(d)(10), substituted

"surviving divorced wife, surviving divorced mother," for "former

wife divorced,".

Subsec. (n). Pub. L. 89-97, Sec. 330, provided that Secretary of

the Treasury may authorize surviving payee or payees of a combined

benefit check to cash one or more such checks which were not

negotiated before one of payees died, provided that part of

proceeds from each check that represents an overpayment is to be

adjusted or recovered as provided in section 404(a) of this title.

1961 - Subsec. (p)(1). Pub. L. 87-293 provided that head of

Federal agency having control of service or such agents as the head

may designate would make determinations with respect to employment

and wages in case of service performed by volunteers and volunteer

leaders in Peace Corps.

1960 - Subsec. (c)(5)(F). Pub. L. 86-778, Sec. 102(f)(2),

authorized the Secretary to add, change, or delete entries to

conform his records to assessments of amounts due under an

agreement pursuant to section 418 of this title, if such

assessments are made within the period specified in subsection (q)

of such section, or allowances of credits or refunds of

overpayments by a State under an agreement pursuant to such

section, and inserted references to chapters 2 and 21 of the

Internal Revenue Code of 1954.

Subsec. (d). Pub. L. 86-507 inserted "or by certified mail" after

"registered mail" in two places.

Subsec. (g). Pub. L. 86-778, Sec. 702(a), inserted sentence

providing that any action instituted in accordance with this

subsection shall survive notwithstanding any change in the person

occupying the office of Secretary or any vacancy in such office.

Subsec. (p)(1). Pub. L. 86-778, Sec. 103(j)(2)(E), substituted

"subsection (l)(1)" for "subsection (m)(1)".

1956 - Subsec. (b). Act Aug. 1, 1956, ch. 836, Sec. 111(a),

required requests with respect to decisions to be filed within such

period as the Secretary prescribes by regulation, which period may

not be less than six months after notice of the decision is mailed.

Subsec. (c)(1)(B). Act Aug. 1, 1956, ch. 836, Sec. 107(b),

substituted "three months" for "two months".

Subsec. (c)(5)(F). Act Aug. 1, 1956, ch. 836, Sec. 117, struck

out provisions prohibiting inclusion in records of amount of

self-employment income in excess of the amount which had been

deleted as payments erroneously included in such records as wages

paid to such individual in such taxable year, which provisions are

now covered by subsec. (c)(5)(J) of this section.

Subsec. (c)(5)(J). Act Aug. 1, 1956, ch. 836, Sec. 117, added

subpar. (J).

Subsec. (p)(1). Act Aug. 1, 1956, ch. 837, provided for

determinations with respect to service performed as a member of a

uniformed service to which the provisions of section 410(m)(1) of

this title are applicable.

1954 - Subsec. (o). Act Sept. 1, 1954, Sec. 101(a)(5),

substituted "section 410(a)(9)" for "section 410(a)(10)".

Subsec. (p)(3). Act Sept. 1, 1954, Sec. 101(c)(3), inserted

provisions making subsec. (p)(1) and (2) applicable to services

performed by a civilian employee in the Coast Guard Exchanges or

certain other activities at Coast Guard installations.

1952 - Subsec. (o). Act July 18, 1952, substituted "subsection

(a) or (e) of section 417 of this title" for "section 417(a) of

this title".

1950 - Act Aug. 28, 1950, Sec. 109(b)(1), substituted

"Administrator" for "Board", "Administrator's" for "Board's", "he",

"him", and "his" for "it", and "its", wherever appearing.

Subsec. (b). Act Aug. 28, 1950, Sec. 108(a), inserted "former

wife divorced, husband, widower," after "widow".

Subsec. (c). Act Aug. 28, 1950, Sec. 108(b), amended subsec. (c)

generally to include definitions, to provide for the maintaining of

records of self-employed persons, to allow for the revision of the

Administrator's record, to authorize corrections after the times

limitations if an application for monthly benefits or a lump-sum

death payment is filed within the time limitation and no final

decision has been made on it, to continue the requirement that

written notice of any deletion or reduction of wages be given to

the individual whose record is involved, to give the Administrator

discretion to prescribe the period, after any change or refusal to

change his records, within which an individual may be granted a

hearing, and to provide for judicial review.

Subsec. (l). Act Aug. 28, 1950, Sec. 109(b)(2), amended subsec.

(l) generally.

Subsecs. (o), (p). Act Aug. 28, 1950, Sec. 108(c), added subsecs.

(o) and (p).

1939 - Act Aug. 10, 1939, omitted former section 405 relating to

payments of $500 or less to estates, and added subsecs. (a) to (n).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-90, title I, Sec. 103(j), Dec. 21, 2001, 115 Stat.

882, provided that: "The amendments made by this section [amending

this section and sections 231a to 231f, 231q, and 231r of Title 45,

Railroads] shall take effect on January 1, 2002."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1090(b)(2) of Pub. L. 105-34 provided that:

"(A) The amendment made by paragraph (1)(A) [amending this

section] shall apply to applications made after the date which is

180 days after the date of the enactment of this Act [Aug. 5,

1997].

"(B) The amendments made by subparagraphs (B) and (C) of

paragraph (1) [amending this section] shall apply to information

obtained on, before, or after the date of the enactment of this

Act."

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

Section 105(a)(5) of Pub. L. 104-121, as amended by Pub. L.

106-170, title IV, Sec. 401(a), (b), Dec. 17, 1999, 113 Stat. 1906,

provided that:

"(A) The amendments made by paragraphs (1) and (4) [amending

sections 423 and 425 of this title] shall apply to any individual

who applies for, or whose claim is finally adjudicated with respect

to, benefits under title II of the Social Security Act [this

subchapter] based on disability on or after the date of the

enactment of this Act [Mar. 29, 1996], and, in the case of any

individual who has applied for, and whose claim has been finally

adjudicated with respect to, such benefits before such date of

enactment, such amendments shall apply only with respect to such

benefits for months beginning on or after January 1, 1997.

"(B) The amendments made by paragraphs (2) and (3) [amending this

section and section 422 of this title] shall take effect on July 1,

1996, with respect to any individual -

"(i) whose claim for benefits is finally adjudicated on or

after the date of the enactment of this Act [Mar. 29, 1996]; or

"(ii) whose entitlement to benefits is based upon an

entitlement redetermination made pursuant to subparagraph (C).

"(C) Within 90 days after the date of the enactment of this Act

[Mar. 29, 1996], the Commissioner of Social Security shall notify

each individual who is entitled to monthly insurance benefits under

title II of the Social Security Act based on disability for the

month in which this Act is enacted and whose entitlement to such

benefits would terminate by reason of the amendments made by this

subsection [amending this section and sections 422, 423, and 425 of

this title]. If such an individual reapplies for benefits under

title II of such Act (as amended by this Act) based on disability

within 120 days after the date of the enactment of this Act, the

Commissioner of Social Security shall, not later than January 1,

1997, complete the entitlement redetermination (including a new

medical determination) with respect to such individual pursuant to

the procedures of such title.

"(D) For purposes of this paragraph, an individual's claim, with

respect to benefits under title II based on disability, which has

been denied in whole before the date of the enactment of this Act,

may not be considered to be finally adjudicated before such date

if, on or after such date -

"(i) there is pending a request for either administrative or

judicial review with respect to such claim; or

"(ii) there is pending, with respect to such claim, a

readjudication by the Commissioner of Social Security pursuant to

relief in a class action or implementation by the Commissioner of

a court remand order.

"(E) Notwithstanding the provisions of this paragraph, with

respect to any individual for whom the Commissioner of Social

Security does not perform the entitlement redetermination before

the date prescribed in subparagraph (C), the Commissioner shall

perform such entitlement redetermination in lieu of a continuing

disability review whenever the Commissioner determines that the

individual's entitlement is subject to redetermination based on the

preceding provisions of this paragraph, and the provisions of

section 223(f) [section 423(f) of this title] shall not apply to

such redetermination."

[Pub. L. 106-170, title IV, Sec. 401(c), Dec. 17, 1999, 113 Stat.

1907, provided that: "The amendments made by this section [amending

section 105(a)(5) of Pub. L. 104-121, set out above] shall take

effect as if included in the enactment of section 105 of the

Contract with America Advancement Act of 1996 (Public Law 104-121;

110 Stat. 852 et seq.)."]

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(1), (2), (4) of Pub. L. 103-296

effective Mar. 31, 1995, see section 110(a) of Pub. L. 103-296, set

out as a note under section 401 of this title.

Section 201(a)(1)(D) of Pub. L. 103-296 provided that:

"(i) General rule. - Except as provided in clause (ii), the

amendments made by this paragraph [amending this section] shall

apply with respect to benefits paid in months beginning after 180

days after the date of the enactment of this Act [Aug. 15, 1994]."

"(ii) Treatment of current beneficiaries. - In any case in which

-

"(I) an individual is entitled to benefits based on disability

(as defined in section 205(j)(7) of the Social Security Act

[subsec. (j)(7) of this section], as amended by this section),

"(II) the determination of disability was made by the Secretary

of Health and Human Services during or before the 180-day period

following the date of the enactment of this Act, and

"(III) alcoholism or drug addiction is a contributing factor

material to the Secretary's determination that the individual is

under a disability,

the amendments made by this paragraph shall apply with respect to

benefits paid in months after the month in which such individual is

notified by the Secretary in writing that alcoholism or drug

addiction is a contributing factor material to the Secretary's

determination and that the Secretary is therefore required to make

a certification of payment of such individual's benefits to a

representative payee."

Section 201(a)(2)(B)(iii) of Pub. L. 103-296 provided that the

amendment made by that section is effective July 1, 1994.

Section 201(a)(2)(D) of Pub. L. 103-296 provided that: "Except as

provided in subparagraph (B)(iii) [set out above], the amendments

made by this paragraph [amending this section] shall apply with

respect to months beginning after 90 days after the date of the

enactment of this Act [Aug. 15, 1994]."

Section 206(a)(3) of Pub. L. 103-296 provided that: "The

amendments made by this subsection [amending this section and

section 1383 of this title] shall apply to translations made on or

after October 1, 1994."

Section 206(d)(3) of Pub. L. 103-296 provided that: "The

amendments made by this subsection [amending this section and

section 1383 of this title] shall take effect on October 1, 1994,

and shall apply to determinations made before, on, or after such

date."

Section 304(c) of Pub. L. 103-296 provided that: "The amendments

made by this section [amending this section and section 1320b-10 of

this title] shall take effect on the date of the enactment of this

Act [Aug. 15, 1994]."

Section 321(f)(5) of Pub. L. 103-296 provided that: "Each

amendment made by this subsection [amending this section and

sections 406, 423, 1320a-6, and 1383 of this title] shall take

effect as if included in the provisions of the Omnibus Budget

Reconciliation Act of 1990 [Pub. L. 101-508] to which such

amendment relates, except that the amendments made by paragraph

(3)(B) [amending sections 406 and 1320a-6 of this title] shall

apply with respect to favorable judgments made after 180 days after

the date of the enactment of this Act [Aug. 15, 1994]."

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by section 1735(a), (b) of Pub. L. 101-624 effective

and implemented first day of month beginning 120 days after

publication of implementing regulations to be promulgated not later

than Oct. 1, 1991, see section 1781(a) of Pub. L. 101-624, set out

as a note under section 2012 of Title 7, Agriculture.

Section 5105(a)(5) of Pub. L. 101-508 provided that:

"(A) Use and selection of representative payees. - The amendments

made by paragraphs (1) and (2) [amending this section and section

1383 of this title] shall take effect July 1, 1991, and shall apply

only with respect to -

"(i) certifications of payment of benefits under title II of

the Social Security Act [this subchapter] to representative

payees made on or after such date; and

"(ii) provisions for payment of benefits under title XVI of

such Act [subchapter XVI of this chapter] to representative

payees made on or after such date.

"(B) Compensation of representative payees. - The amendments made

by paragraph (3) [amending this section and section 1383 of this

title] shall take effect July 1, 1991, and the Secretary of Health

and Human Services shall prescribe initial regulations necessary to

carry out such amendments not later than such date."

Section 5105(b)(1)(B) of Pub. L. 101-508 provided that: "The

amendments made by subparagraph (A) [amending this section] shall

take effect October 1, 1992, and the Secretary of Health and Human

Services shall take such actions as are necessary to ensure that

the requirements of section 205(j)(3)(E) of the Social Security Act

[subsec. (j)(3)(E) of this section] (as amended by subparagraph (A)

of this paragraph) are satisfied as of such date."

Section 5105(d)(2) of Pub. L. 101-508 provided that: "The

amendments made by paragraph (1) [amending this section and section

1383 of this title] shall apply with respect to annual reports

issued for years after 1991."

Section 5107(b) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall apply with respect to adverse determinations made

on or after July 1, 1991."

Section 5109(b) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall apply with respect to notices issued on or after

July 1, 1991."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10303(c) of Pub. L. 101-239 provided that: "The

amendments made by this section [amending this section and section

1383 of this title] shall apply to visits to field offices of the

Social Security Administration on or after January 1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENTS

Section 8009(b) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply to

benefits entitlement to which commences after the sixth month

following the month in which this Act is enacted [November 1988]."

Amendment by section 8015(a)(1) of Pub. L. 100-647 applicable to

determinations relating to service commenced in any position on or

after Nov. 10, 1988, see section 8015(a)(3) of Pub. L. 100-647, set

out as a note under section 3122 of Title 26, Internal Revenue

Code.

Amendment by section 8016(a)(1) of Pub. L. 100-647 effective Nov.

10, 1988, except that any amendment to a provision of a particular

Public Law which is referred to by its number, or to a provision of

the Social Security Act [42 U.S.C. 301 et seq.], or to Title 26, as

added or amended by a provision of a particular Public Law which is

so referred to, effective as though included or reflected in the

relevant provisions of that Public Law at the time of its

enactment, see section 8016(b) of Pub. L. 100-647, set out as a

note under section 3111 of Title 26.

Section 125(b) of Pub. L. 100-485 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective on the first day of the 25th month which begins on or

after the date of the enactment of this Act [Oct. 13, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-509 effective with respect to payments

due with respect to wages paid after Dec. 31, 1986, including wages

paid after such date by a State (or political subdivision thereof)

that modified its agreement pursuant to section 418(e)(2) of this

title prior to Oct. 21, 1986, with certain exceptions, see section

9002(d) of Pub. L. 99-509 set out as a note under section 418 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 16(d) of Pub. L. 98-460 provided that: "The amendments

made by this section [amending this section and sections 408, 1383,

and 1383a of this title] shall become effective on the date of the

enactment of this Act [Oct. 9, 1984], and, in the case of the

amendments made by subsection (c) [amending sections 408 and 1383a

of this title], shall apply with respect to violations occurring on

or after such date."

Amendment by section 2661(h) of Pub. L. 98-369 effective as

though included in the enactment of the Social Security Amendments

of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set

out as a note under section 401 of this title.

Amendment by section 2663(a)(4), (j)(4) of Pub. L. 98-369

effective July 18, 1984, but not to be construed as changing or

affecting any right, liability, status, or interpretation which

existed (under the provisions of law involved) before that date,

see section 2664(b) of Pub. L. 98-369, set out as a note under

section 401 of this title.

EFFECTIVE DATE OF 1983 AMENDMENTS

Amendment by sections 301(d) and 309(i) of Pub. L. 98-21

applicable only with respect to monthly payments payable under this

subchapter for months after April, 1983, see section 310 of Pub. L.

98-21, set out as a note under section 402 of this title.

Section 345(b) of Pub. L. 98-21 provided that: "The amendment

made by this section [amending this section] shall apply with

respect to all new and replacement social security cards issued

more than 193 days after the date of the enactment of this Act

[Apr. 20, 1983]."

Section 4(b) of Pub. L. 97-455 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to reconsiderations (of findings described in section

205(b)(2)(B) of the Social Security Act [subsec. (b)(2)(B) of this

section]) which are requested on or after such date as the

Secretary of Health and Human Services may specify, but in any

event not later than January 1, 1984."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 305(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall apply with respect to decisions made on or after

the first day of the 13th month following the month in which this

Act is enacted [June, 1980]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section

703(r) of Pub. L. 95-600, set out as a note under section 46 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-216 effective Jan. 1, 1978, see section

353(g) of Pub. L. 95-216, set out as a note under section 418 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 5 of Pub. L. 94-202 provided that: "The amendments made

by the first two sections of this Act [amending section 1383 of

this title], and the provisions of section 3 [enacting provisions

set out as a note under section 1383 of this title], shall take

effect on the date of the enactment of this Act [Jan. 2, 1976]. The

amendment made by section 4 of this Act [amending this section]

shall apply with respect to any decision or determination of which

notice is received, by the individual requesting the hearing

involved, after February 29, 1976. The amendment made by the first

section of this Act [amending section 1383 of this title], to the

extent that it changes the period within which hearings must be

requested, shall apply with respect to any decision or

determination of which notice is received, by the individual

requesting the hearing involved, on or after the date of the

enactment of this Act."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 302(b) of Pub. L. 93-445 provided that: "The amendment

made by this section [amending this section] shall apply only with

respect to benefits payable to individuals who first become

entitled to benefits under title II of the Social Security Act

[this subchapter] after 1974."

Amendment by section 303 of Pub. L. 93-445 effective Jan. 1,

1975, see section 603 of Pub. L. 93-445, set out as a note under

section 402 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provisions note under section 6001 of Title 18, Crimes and

Criminal Procedure.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 171(b) of Pub. L. 90-248 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall be effective with respect to written requests filed under

section 205(q) of the Social Security Act [subsec. (q) of this

section] after June 30, 1968."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 308(d)(9), (10) of Pub. L. 89-97 applicable

with respect to monthly insurance benefits under this subchapter

beginning with the second month following July 1965, but, in the

case of an individual who was not entitled to a monthly insurance

benefit under section 402 of this title for the first month

following July 1965, only on the basis of an application filed in

or after July 1965, see section 308(e) of Pub. L. 89-97, set out as

a note under section 402 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-293 applicable with respect to service

performed after Sept. 22, 1961, but in the case of persons serving

under the Peace Corps agency established by executive order

applicable with respect to service performed on or after the

effective date of enrollment, see section 202(c) of Pub. L. 87-293,

set out as a note under section 3121 of Title 26, Internal Revenue

Code.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by section 102(f)(2) of Pub. L. 86-778 effective on

first day of second calendar year following 1960, see section

102(f)(3) of Pub. L. 86-778, set out as a note under section 418 of

this title.

Amendment by section 103(j)(2)(E) of Pub. L. 86-778 effective

Sept. 13, 1960, see section 103(v)(1) of Pub. L. 86-778, set out as

a note under section 402 of this title.

Section 702(b) of Pub. L. 86-778 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

actions which are pending in court on the date of the enactment of

this Act or are commenced after such date."

EFFECTIVE DATE OF 1956 AMENDMENTS

Section 111(b) of act Aug. 1, 1956, ch. 836, provided that: "The

amendment made by subsection (a) [amending this section] shall be

effective upon enactment [Aug. 1, 1956]; except that the period of

time prescribed by the Secretary pursuant to the third sentence of

section 205(b) of the Social Security Act [subsec. (b) of this

section], as amended by subsection (a) of this section, with

respect to decisions notice of which has been mailed by him to any

individual prior to the enactment of this Act may not terminate for

such individual less than six months after the date of enactment of

this Act."

Amendment by act Aug. 1, 1956, ch. 837, effective Jan. 1, 1957,

see section 603(a) of act Aug. 1, 1956.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 101(n) of act Sept. 1, 1954, provided that: "The

amendment made by paragraph (3) of subsection (g) [amending section

411 of this title] shall be applicable only with respect to taxable

years beginning after 1950. The amendments made by paragraphs (1),

(2), and (4) of such subsection [amending section 411 of this

title] and by subsection (d) [amending section 411 of this title]

shall, except for purposes of section 203 of the Social Security

Act [section 403 of this title], be applicable only with respect to

taxable years ending after 1954. The amendments made by paragraphs

(1), (2), and (3) of subsection (a) [amending section 409 of this

title] shall be applicable only with respect to remuneration paid

after 1954. The amendments made by paragraphs (4), (5), and (6) of

subsection (a) [amending sections 410 and 418 of this title] shall

be applicable only with respect to services (whether performed

after 1954 or prior to 1955) for which the remuneration is paid

after 1954. The amendment made by paragraph (3) of subsection (c)

[amending this section] shall become effective January 1, 1955. The

other amendments made by this section (other than the amendments

made by subsections (h), (i), (j) and (m)[)] [amending section 410

of this title] shall be applicable only with respect to services

performed after 1954. For purposes of section 203 of the Social

Security Act [section 403 of this title], the amendments made by

paragraphs (1), (2), and (4) of subsection (g) [amending section

411 of this title] and by subsection (d) [amending section 411 of

this title] shall be effective with respect to net earnings from

self-employment derived after 1954. The amount of net earnings from

self-employment derived during any taxable year ending in, and not

with the close of, 1955 shall be credited equally to the calendar

quarter in which such taxable year ends and to each of the three or

fewer preceding quarters any part of which is in such taxable year;

and, for purposes of the preceding sentence of this subsection, net

earnings from self-employment so credited to calendar quarters in

1955 shall be deemed to have been derived after 1954."

EFFECTIVE DATE OF 1950 AMENDMENT

Section 108(d) of act Aug. 28, 1950, provided that: "The

amendments made by subsections (a) and (c) of this section

[amending this section] shall take effect on September 1, 1950. The

amendment made by subsection (b) of this section [amending this

section] shall take effect January 1, 1951, except that, effective

on September 1, 1950, the husband or former wife divorced of an

individual shall be treated the same as a parent of such

individual, and the legal representative of an individual or his

estate shall be treated the same as the individual, for purposes of

section 205(c) of the Social Security Act [subsec. (c) of this

section] as in effect prior to the enactment of this Act [Aug. 28,

1950]."

Section 101(b)(2) of act Aug. 28, 1950, provided that: "Section

205(m) of the Social Security Act [subsec. (m) of this section] is

repealed effective with respect to monthly payments under section

202 of the Social Security Act [this section], as amended by this

Act, for months after August 1950."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

REPEALS: AMENDMENTS AND APPLICATION OF AMENDMENTS UNAFFECTED

Section 202(b)(3) of Pub. L. 87-293, cited as a credit to this

section, was repealed by Pub. L. 89-572, Sec. 5(a), Sept. 13, 1966,

80 Stat. 765. Such repeal not deemed to affect amendments to this

section contained in such provisions, and continuation in full

force and effect until modified by appropriate authority of all

determinations, authorization, regulation, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of the repealed provisions, see section 5(b) of

Pub. L. 89-572, set out as a note under section 2515 of Title 22,

Foreign Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL SECURITY

CARD

Pub. L. 104-208, div. C, title VI, Sec. 657, Sept. 30, 1996, 110

Stat. 3009-719, provided that:

"(a) Development. -

"(1) In general. - The Commissioner of Social Security (in this

section referred to as the 'Commissioner') shall, in accordance

with the provisions of this section, develop a prototype of a

counterfeit-resistant social security card. Such prototype card -

"(A) shall be made of a durable, tamper-resistant material

such as plastic or polyester;

"(B) shall employ technologies that provide security

features, such as magnetic stripes, holograms, and integrated

circuits; and

"(C) shall be developed so as to provide individuals with

reliable proof of citizenship or legal resident alien status.

"(2) Assistance by attorney general. - The Attorney General

shall provide such information and assistance as the Commissioner

deems necessary to achieve the purposes of this section.

"(b) Studies and Reports. -

"(1) In general. - The Comptroller General and the Commissioner

of Social Security shall each conduct a study, and issue a report

to the Congress, that examines different methods of improving the

social security card application process.

"(2) Elements of studies. - The studies shall include

evaluations of the cost and work load implications of issuing a

counterfeit-resistant social security card for all individuals

over a 3, 5, and 10 year period. The studies shall also evaluate

the feasibility and cost implications of imposing a user fee for

replacement cards and cards issued to individuals who apply for

such a card prior to the scheduled 3, 5, and 10 year phase-in

options.

"(3) Distribution of reports. - Copies of the reports described

in this subsection, along with facsimiles of the prototype cards

as described in subsection (a), shall be submitted to the

Committees on Ways and Means and Judiciary of the House of

Representatives and the Committees on Finance and Judiciary of

the Senate not later than 1 year after the date of the enactment

of this Act [Sept. 30, 1996]."

Similar provisions were contained in the following prior act:

Pub. L. 104-193, title I, Sec. 111, Aug. 22, 1996, 110 Stat.

2176.

NINETY-DAY DELAY IN DEFERRAL OR SUSPENSION OF BENEFITS FOR CURRENT

BENEFICIARIES

Section 201(a)(1)(C) of Pub. L. 103-296 provided that: "In the

case of an individual who, as of 180 days after the date of the

enactment of this Act [Aug. 15, 1994], has been determined to be

under a disability, if alcoholism or drug addiction is a

contributing factor material to the determination of the Secretary

of Health and Human Services that the individual is under a

disability, the Secretary may, notwithstanding clauses (i) and (ii)

of section 205(j)(2)(D) of the Social Security Act [subsec.

(j)(2)(D) of this section], make direct payment of benefits to such

individual during the 90-day period commencing with the date on

which such individual is provided the notice described in

subparagraph (D)(ii) of this paragraph [set out above], until such

time during such period as the selection of a representative payee

is made pursuant to section 205(j) of such Act [subsec. (j) of this

section]."

STUDY REGARDING FEASIBILITY, COST, AND EQUITY OF REQUIRING

REPRESENTATIVE PAYEES FOR ALL DISABILITY BENEFICIARIES SUFFERING

FROM ALCOHOLISM OR DRUG ADDICTION

Section 201(a)(1)(E) of Pub. L. 103-296 provided that:

"(i) Study. - As soon as practicable after the date of the

enactment of this Act [Aug. 15, 1994], the Secretary of Health and

Human Services shall conduct a study of the representative payee

program. In such study, the Secretary shall examine -

"(I) the feasibility, cost, and equity of requiring

representative payees for all individuals entitled to benefits

based on disability under title II or XVI of the Social Security

Act [this subchapter and subchapter XVI of this chapter] who

suffer from alcoholism or drug addiction, irrespective of whether

the alcoholism or drug addiction was material in any case to the

Secretary's determination of disability,

"(II) the feasibility, cost, and equity of providing benefits

through non-cash means, including (but not limited to) vouchers,

debit cards, and electronic benefits transfer systems,

"(III) the extent to which child beneficiaries are afflicted by

drug addition or alcoholism and ways of addressing such

affliction, including the feasibility of requiring treatment, and

"(IV) the extent to which children's representative payees are

afflicted by drug addiction or alcoholism, and methods to

identify children's representative payees afflicted by drug

addition or alcoholism and to ensure that benefits continue to be

provided to beneficiaries appropriately.

"(ii) Report. - Not later than December 31, 1995, the Secretary

shall transmit to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate a report

setting forth the findings of the Secretary based on such study.

Such report shall include such recommendations for administrative

or legislative changes as the Secretary considers appropriate."

ANNUAL REPORTS ON REVIEWS OF OASDI AND SSI CASES

Section 206(g) of Pub. L. 103-296, as amended by Pub. L. 103-296,

title I, Sec. 108(b)(10)(B), Aug. 15, 1994, 108 Stat. 1483,

provided that: "The Commissioner of Social Security shall annually

submit to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate a report

on the extent to which the Commissioner has exercised his authority

to review cases of entitlement to monthly insurance benefits under

title II of the Social Security Act [this subchapter] and

supplemental security income cases under title XVI of such Act

[subchapter XVI of this chapter], and the extent to which the cases

reviewed were those that involved a high likelihood or probability

of fraud."

REPORT ON FEASIBILITY OF OBTAINING READY ACCESS TO CERTAIN CRIMINAL

FRAUD RECORDS

Section 5105(a)(2)(B) of Pub. L. 101-508 provided that: "As soon

as practicable after the date of the enactment of this Act [Nov. 5,

1990], the Secretary of Health and Human Services, in consultation

with the Attorney General of the United States and the Secretary of

the Treasury, shall study the feasibility of establishing and

maintaining a current list, which would be readily available to

local offices of the Social Security Administration for use in

investigations undertaken pursuant to section 205(j)(2) or

1631(a)(2)(B) of the Social Security Act [subsec. (j)(2) of this

section or section 1383(a)(2)(B) of this title], of the names and

social security account numbers of individuals who have been

convicted of a violation of section 495 of title 18, United States

Code. The Secretary of Health and Human Services shall, not later

than July 1, 1992, submit the results of such study, together with

any recommendations, to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate."

REPORTS ON ORGANIZATIONS SERVING AS REPRESENTATIVE PAYEES AND FEES

FOR SERVICES

Section 5105(a)(3)(B) of Pub. L. 101-508 provided that:

"(i) Report by secretary of health and human services. - Not

later than January 1, 1993, the Secretary of Health and Human

Services shall transmit a report to the Committee on Ways and Means

of the House of Representatives and the Committee on Finance of the

Senate setting forth the number and types of qualified

organizations which have served as representative payees and have

collected fees for such service pursuant to any amendment made by

subparagraph (A) [amending this section and section 1383 of this

title].

"(ii) Report by comptroller general. - Not later than July 1,

1992, the Comptroller General of the United States shall conduct a

study of the advantages and disadvantages of allowing qualified

organizations serving as representative payees to charge fees

pursuant to the amendments made by subparagraph (A) and shall

transmit a report to the Committee on Ways and Means of the House

of Representatives and the Committee on Finance of the Senate

setting forth the results of such study."

STUDY RELATING TO FEASIBILITY OF SCREENING OF INDIVIDUALS WITH

CRIMINAL RECORDS

Section 5105(a)(4) of Pub. L. 101-508 provided that: "As soon as

practicable after the date of the enactment of this Act [Nov. 5,

1990], the Secretary of Health and Human Services shall conduct a

study of the feasibility of determining the type of representative

payee applicant most likely to have a felony or misdemeanor

conviction, the suitability of individuals with prior convictions

to serve as representative payees, and the circumstances under

which such applicants could be allowed to serve as representative

payees. The Secretary shall transmit the results of such study to

the Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate not later than July 1,

1992."

STUDY RELATING TO MORE STRINGENT OVERSIGHT OF HIGH-RISK

REPRESENTATIVE PAYEES

Section 5105(b)(2) of Pub. L. 101-508 provided that:

"(A) In general. - As soon as practicable after the date of the

enactment of this Act [Nov. 5, 1990], the Secretary of Health and

Human Services shall conduct a study of the need for a more

stringent accounting system for high-risk representative payees

than is otherwise generally provided under section 205(j)(3) or

1631(a)(2)(C) of the Social Security Act [subsec. (j)(3) of this

section or section 1383(a)(2)(C) of this title], which would

include such additional reporting requirements, record maintenance

requirements, and other measures as the Secretary considers

necessary to determine whether services are being appropriately

provided by such payees in accordance with such sections 205(j) and

1631(a)(2).

"(B) Special procedures. - In such study, the Secretary shall

determine the appropriate means of implementing more stringent,

statistically valid procedures for -

"(i) reviewing reports which would be submitted to the

Secretary under any system described in subparagraph (A), and

"(ii) periodic, random audits of records which would be kept

under such a system,

in order to identify any instances in which high-risk

representative payees are misusing payments made pursuant to

section 205(j) or 1631(a)(2) of the Social Security Act.

"(C) High-risk representative payee. - For purposes of this

paragraph, the term 'high-risk representative payee' means a

representative payee under section 205(j) or 1631(a)(2) of the

Social Security Act (42 U.S.C. 405(j) and 1383(a)(2), respectively)

(other than a Federal or State institution) who -

"(i) regularly provides concurrent services as a representative

payee under such section 205(j), such section 1631(a)(2), or both

such sections, for 5 or more individuals who are unrelated to

such representative payee,

"(ii) is neither related to an individual on whose behalf the

payee is being paid benefits nor living in the same household

with such individual,

"(iii) is a creditor of such individual, or

"(iv) is in such other category of payees as the Secretary may

determine appropriate.

"(D) Report. - The Secretary shall report to the Committee on

Ways and Means of the House of Representatives and the Committee on

Finance of the Senate the results of the study, together with any

recommendations, not later than July 1, 1992. Such report shall

include an evaluation of the feasibility and desirability of

legislation implementing stricter accounting and review procedures

for high-risk representative payees in all servicing offices of the

Social Security Administration (together with proposed legislative

language)."

DEMONSTRATION PROJECTS RELATING TO PROVISION OF INFORMATION TO

LOCAL AGENCIES PROVIDING CHILD AND ADULT PROTECTIVE SERVICES

Section 5105(b)(3) of Pub. L. 101-508 provided that:

"(A) In general. - As soon as practicable after the date of the

enactment of this Act [Nov. 5, 1990], the Secretary of Health and

Human Services shall implement a demonstration project under this

paragraph in all or part of not fewer than 2 States. Under each

such project, the Secretary shall enter into an agreement with the

State in which the project is located to make readily available,

for the duration of the project, to the appropriate State agency, a

listing of addresses of multiple benefit recipients.

"(B) Listing of addresses of multiple benefit recipients. - The

list referred to in subparagraph (A) shall consist of a current

list setting forth each address within the State at which benefits

under title II [this subchapter], benefits under title XVI

[subchapter XVI of this chapter], or any combination of such

benefits are being received by 5 or more individuals. For purposes

of this subparagraph, in the case of benefits under title II, all

individuals receiving benefits on the basis of the wages and

self-employment income of the same individual shall be counted as 1

individual.

"(C) Appropriate state agency. - The appropriate State agency

referred to in subparagraph (A) is the agency of the State which

the Secretary determines is primarily responsible for regulating

care facilities operated in such State or providing for child and

adult protective services in such State.

"(D) Report. - The Secretary shall report to the Committee on

Ways and Means of the House of Representatives and the Committee on

Finance of the Senate concerning such demonstration projects,

together with any recommendations, not later than July 1, 1992.

Such report shall include an evaluation of the feasibility and

desirability of legislation implementing the programs established

pursuant to this paragraph on a permanent basis.

"(E) State. - For purposes of this paragraph, the term 'State'

means a State, including the entities included in such term by

section 210(h) of the Social Security Act (42 U.S.C. 410(h))."

COUNTERFEITING OF SOCIAL SECURITY ACCOUNT NUMBER CARDS

Pub. L. 99-603, title I, Sec. 101(f), Nov. 6, 1986, 100 Stat.

3373, provided that:

"(1) The Comptroller General of the United States, upon

consultation with the Attorney General and the Secretary of Health

and Human Services as well as private sector representatives

(including representatives of the financial, banking, and

manufacturing industries), shall inquire into technological

alternatives for producing and issuing social security account

number cards that are more resistant to counterfeiting than social

security account number cards being issued on the date of enactment

of this Act [Nov. 6, 1986] by the Social Security Administration,

including the use of encoded magnetic, optical, or active

electronic media such as magnetic stripes, holograms, and

integrated circuit chips. Such inquiry should focus on technologies

that will help ensure the authenticity of the card, rather than the

identity of the bearer.

"(2) The Comptroller General of the United States shall explore

additional actions that could be taken to reduce the potential for

fraudulently obtaining and using social security account number

cards.

"(3) Not later than one year after the date of enactment of this

Act [Nov. 6, 1986], the Comptroller General of the United States

shall prepare and transmit to the Committee on the Judiciary and

the Committee on Ways and Means of the House of Representatives and

the Committee on the Judiciary and the Committee on Finance of the

Senate a report setting forth his findings and recommendations

under this subsection."

CONDUCT OF FACE-TO-FACE RECONSIDERATIONS IN DISABILITY CASES

Section 5 of Pub. L. 97-455 provided that: "The Secretary of

Health and Human Services shall take such steps as may be necessary

or appropriate to assure public understanding of the importance the

Congress attaches to the face-to-face reconsiderations provided for

in section 205(b)(2) of the Social Security Act [subsec. (b)(2) of

this section] (as added by section 4 of this Act). For this purpose

the Secretary shall -

"(1) provide for the establishment and implementation of

procedures for the conduct of such reconsiderations in a manner

which assures that beneficiaries will receive reasonable notice

and information with respect to the time and place of

reconsideration and the opportunities afforded to introduce

evidence and be represented by counsel; and

"(2) advise beneficiaries who request or are entitled to

request such reconsiderations of the procedures so established,

of their opportunities to introduce evidence and be represented

by counsel at such reconsiderations, and of the importance of

submitting all evidence that relates to the question before the

Secretary or the State agency at such reconsiderations."

INCLUSION OF SELF-EMPLOYMENT INCOME IN RECORDS OF SECRETARY OF

HEALTH, EDUCATION, AND WELFARE

Section 331(c) of Pub. L. 89-97 provided that: "Notwithstanding

any provision of section 205(c)(5)(F) of the Social Security Act

[subsec. (c)(5)(F) of this section], the Secretary of Health,

Education, and Welfare may conform, before April 16, 1970, his

records to tax returns or statements of earnings which constitute

self-employment income solely by reason of the filing of a

certificate which is effective under section 1402(e)(5) of such

Code [section 1402(e)(5) of Title 26, Internal Revenue Code]."

Section 101(e) of Pub. L. 86-778, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

provisions of section 205(c)(5)(F) of the Social Security Act

[subsec. (c)(5)(F) of this section], insofar as they prohibit

inclusion in the records of the Secretary of Health, Education, and

Welfare of self-employment income for a taxable year when the

return or statement including such income is filed after the time

limitation following such taxable year, shall not be applicable to

earnings which are derived in any taxable year ending before 1960

and which constitute self-employment income solely by reason of the

filing of a certificate which is effective under section

1402(e)(3)(B) or (5) of the Internal Revenue Code of 1986 [formerly

I.R.C. 1954] [section 1402(e)(3)(B) or (5) of Title 26]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 406, 408, 415, 416,

421, 422, 423, 424a, 1007, 1009, 1306, 1320a-3, 1320a-3a, 1320a-7,

1320a-7a, 1320a-8, 1320b-6, 1320b-10, 1320c-4, 1320c-5, 1383,

1395w-22, 1395cc, 1395ff, 1395ii, 1395mm, 1395oo, 1395rr, 1395ww,

1396i, 1396q, 15483 of this title; title 5 section 8503; title 7

sections 1506, 2020; title 8 section 1324a; title 19 section 2312;

title 26 sections 32, 6109; title 30 section 923; title 31 section

3716.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "subclause".

(!3) See References in Text note below.

(!4) So in original.

(!5) So in original. Probably should be followed by "and".

(!6) See References in Text note below.

-End-

-CITE-

42 USC Sec. 405a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 405a. Regulations pertaining to frequency or due dates of

payments and reports under voluntary agreements covering State

and local employees; effective date

-STATUTE-

Notwithstanding any other provision of law, no regulation and no

modification of any regulation, promulgated by the Secretary of

Health and Human Services, after January 2, 1976, shall become

effective prior to the end of the eighteen-month period which

begins with the first day of the first calendar month which begins

after the date on which such regulation or modification of a

regulation is published in the Federal Register, if and insofar as

such regulation or modification of a regulation pertains, directly

or indirectly, to the frequency or due dates for payments and

reports required under section 418(e) (!1) of this title.

-SOURCE-

(Pub. L. 94-202, Sec. 7, Jan. 2, 1976, 89 Stat. 1137; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

Subsec. (e) of section 418 of this title, referred to in text,

which related to payments and reports by States, was repealed, and

subsec. (f) of section 418 of this title was redesignated as

subsec. (e), by Pub. L. 99-509, title IX, Sec. 9002(c)(1), Oct. 21,

1986, 100 Stat. 1971.

-COD-

CODIFICATION

Section was not enacted as part of the Social Security Act which

comprises this chapter.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in text pursuant to

section 509(b) of Pub. L. 96-88 which is classified to section

3508(b) of Title 20, Education.

-MISC1-

TIME FOR MAKING SOCIAL SECURITY CONTRIBUTIONS WITH RESPECT TO

COVERED STATE AND LOCAL EMPLOYEES

Pub. L. 96-265, title V, Sec. 503(c), June 9, 1980, 94 Stat. 471,

provided that: "The provisions of section 7 of Public Law 94-202

[this section] shall not be applicable to any regulation which

becomes effective on or after July 1, 1980, and which is designed

to carry out the purposes of subsection (a) of this section

[amending section 418 of this title]."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 406. Representation of claimants before Commissioner

-STATUTE-

(a) Recognition of representatives; fees for representation before

Commissioner

(1) The Commissioner of Social Security may prescribe rules and

regulations governing recognition of agents or other persons, other

than attorneys as hereinafter provided, representing claimants

before the Commissioner of Social Security, and may require of such

agents or other persons, before being recognized as representatives

of claimants that they shall show that they are of good character

and in good repute, possessed of the necessary qualifications to

enable them to render such claimants valuable service, and

otherwise competent to advise and assist such claimants in the

presentation of their cases. An attorney in good standing who is

admitted to practice before the highest court of the State,

Territory, District, or insular possession of his residence or

before the Supreme Court of the United States or the inferior

Federal courts, shall be entitled to represent claimants before the

Commissioner of Social Security. The Commissioner of Social

Security may, after due notice and opportunity for hearing, suspend

or prohibit from further practice before the Commissioner any such

person, agent, or attorney who refuses to comply with the

Commissioner's rules and regulations or who violates any provision

of this section for which a penalty is prescribed. The Commissioner

of Social Security may, by rule and regulation, prescribe the

maximum fees which may be charged for services performed in

connection with any claim before the Commissioner of Social

Security under this subchapter, and any agreement in violation of

such rules and regulations shall be void. Except as provided in

paragraph (2)(A), whenever the Commissioner of Social Security, in

any claim before the Commissioner for benefits under this

subchapter, makes a determination favorable to the claimant, the

Commissioner shall, if the claimant was represented by an attorney

in connection with such claim, fix (in accordance with the

regulations prescribed pursuant to the preceding sentence) a

reasonable fee to compensate such attorney for the services

performed by him in connection with such claim.

(2)(A) In the case of a claim of entitlement to past-due benefits

under this subchapter, if -

(i) an agreement between the claimant and another person

regarding any fee to be recovered by such person to compensate

such person for services with respect to the claim is presented

in writing to the Commissioner of Social Security prior to the

time of the Commissioner's determination regarding the claim,

(ii) the fee specified in the agreement does not exceed the

lesser of -

(I) 25 percent of the total amount of such past-due benefits

(as determined before any applicable reduction under section

1320a-6(a) of this title), or

(II) $4,000, and

(iii) the determination is favorable to the claimant,

then the Commissioner of Social Security shall approve that

agreement at the time of the favorable determination, and (subject

to paragraph (3)) the fee specified in the agreement shall be the

maximum fee. The Commissioner of Social Security may from time to

time increase the dollar amount under clause (ii)(II) to the extent

that the rate of increase in such amount, as determined over the

period since January 1, 1991, does not at any time exceed the rate

of increase in primary insurance amounts under section 415(i) of

this title since such date. The Commissioner of Social Security

shall publish any such increased amount in the Federal Register.

(B) For purposes of this subsection, the term "past-due benefits"

excludes any benefits with respect to which payment has been

continued pursuant to subsection (g) or (h) of section 423 of this

title.

(C) In any case involving -

(i) an agreement described in subparagraph (A) with any person

relating to both a claim of entitlement to past-due benefits

under this subchapter and a claim of entitlement to past-due

benefits under subchapter XVI of this chapter, and

(ii) a favorable determination made by the Commissioner of

Social Security with respect to both such claims,

the Commissioner of Social Security may approve such agreement only

if the total fee or fees specified in such agreement does not

exceed, in the aggregate, the dollar amount in effect under

subparagraph (A)(ii)(II).

(D) In the case of a claim with respect to which the Commissioner

of Social Security has approved an agreement pursuant to

subparagraph (A), the Commissioner of Social Security shall provide

the claimant and the person representing the claimant a written

notice of -

(i) the dollar amount of the past-due benefits (as determined

before any applicable reduction under section 1320a-6(a) of this

title) and the dollar amount of the past-due benefits payable to

the claimant,

(ii) the dollar amount of the maximum fee which may be charged

or recovered as determined under this paragraph, and

(iii) a description of the procedures for review under

paragraph (3).

(3)(A) The Commissioner of Social Security shall provide by

regulation for review of the amount which would otherwise be the

maximum fee as determined under paragraph (2) if, within 15 days

after receipt of the notice provided pursuant to paragraph (2)(D) -

(i) the claimant, or the administrative law judge or other

adjudicator who made the favorable determination, submits a

written request to the Commissioner of Social Security to reduce

the maximum fee, or

(ii) the person representing the claimant submits a written

request to the Commissioner of Social Security to increase the

maximum fee.

Any such review shall be conducted after providing the claimant,

the person representing the claimant, and the adjudicator with

reasonable notice of such request and an opportunity to submit

written information in favor of or in opposition to such request.

The adjudicator may request the Commissioner of Social Security to

reduce the maximum fee only on the basis of evidence of the failure

of the person representing the claimant to represent adequately the

claimant's interest or on the basis of evidence that the fee is

clearly excessive for services rendered.

(B)(i) In the case of a request for review under subparagraph (A)

by the claimant or by the person representing the claimant, such

review shall be conducted by the administrative law judge who made

the favorable determination or, if the Commissioner of Social

Security determines that such administrative law judge is

unavailable or if the determination was not made by an

administrative law judge, such review shall be conducted by another

person designated by the Commissioner of Social Security for such

purpose.

(ii) In the case of a request by the adjudicator for review under

subparagraph (A), the review shall be conducted by the Commissioner

of Social Security or by an administrative law judge or other

person (other than such adjudicator) who is designated by the

Commissioner of Social Security.

(C) Upon completion of the review, the administrative law judge

or other person conducting the review shall affirm or modify the

amount which would otherwise be the maximum fee. Any such amount so

affirmed or modified shall be considered the amount of the maximum

fee which may be recovered under paragraph (2). The decision of the

administrative law judge or other person conducting the review

shall not be subject to further review.

(4) Subject to subsection (d) of this section, if the claimant is

determined to be entitled to past-due benefits under this

subchapter and the person representing the claimant is an attorney,

the Commissioner of Social Security shall, notwithstanding section

405(i) of this title, certify for payment out of such past-due

benefits (as determined before any applicable reduction under

section 1320a-6(a) of this title) to such attorney an amount equal

to so much of the maximum fee as does not exceed 25 percent of such

past-due benefits (as determined before any applicable reduction

under section 1320a-6(a) of this title).

(5) Any person who shall, with intent to defraud, in any manner

willfully and knowingly deceive, mislead, or threaten any claimant

or prospective claimant or beneficiary under this subchapter by

word, circular, letter or advertisement, or who shall knowingly

charge or collect directly or indirectly any fee in excess of the

maximum fee, or make any agreement directly or indirectly to charge

or collect any fee in excess of the maximum fee, prescribed by the

Commissioner of Social Security shall be deemed guilty of a

misdemeanor and, upon conviction thereof, shall for each offense be

punished by a fine not exceeding $500 or by imprisonment not

exceeding one year, or both. The Commissioner of Social Security

shall maintain in the electronic information retrieval system used

by the Social Security Administration a current record, with

respect to any claimant before the Commissioner of Social Security,

of the identity of any person representing such claimant in

accordance with this subsection.

(b) Fees for representation before court

(1)(A) Whenever a court renders a judgment favorable to a

claimant under this subchapter who was represented before the court

by an attorney, the court may determine and allow as part of its

judgment a reasonable fee for such representation, not in excess of

25 percent of the total of the past-due benefits to which the

claimant is entitled by reason of such judgment, and the

Commissioner of Social Security may, notwithstanding the provisions

of section 405(i) of this title, but subject to subsection (d) of

this section, certify the amount of such fee for payment to such

attorney out of, and not in addition to, the amount of such

past-due benefits. In case of any such judgment, no other fee may

be payable or certified for payment for such representation except

as provided in this paragraph.

(B) For purposes of this paragraph -

(i) the term "past-due benefits" excludes any benefits with

respect to which payment has been continued pursuant to

subsection (g) or (h) of section 423 of this title, and

(ii) amounts of past-due benefits shall be determined before

any applicable reduction under section 1320a-6(a) of this title.

(2) Any attorney who charges, demands, receives, or collects for

services rendered in connection with proceedings before a court to

which paragraph (1) of this subsection is applicable any amount in

excess of that allowed by the court thereunder shall be guilty of a

misdemeanor and upon conviction thereof shall be subject to a fine

of not more than $500, or imprisonment for not more than one year,

or both.

(c) Notification of options for obtaining attorneys

The Commissioner of Social Security shall notify each claimant in

writing, together with the notice to such claimant of an adverse

determination, of the options for obtaining attorneys to represent

individuals in presenting their cases before the Commissioner of

Social Security. Such notification shall also advise the claimant

of the availability to qualifying claimants of legal services

organizations which provide legal services free of charge.

(d) Assessment on attorneys

(1) In general

Whenever a fee for services is required to be certified for

payment to an attorney from a claimant's past-due benefits

pursuant to subsection (a)(4) or (b)(1) of this section, the

Commissioner shall impose on the attorney an assessment

calculated in accordance with paragraph (2).

(2) Amount

(A) The amount of an assessment under paragraph (1) shall be

equal to the product obtained by multiplying the amount of the

representative's fee that would be required to be so certified by

subsection (a)(4) or (b)(1) of this section before the

application of this subsection, by the percentage specified in

subparagraph (B).

(B) The percentage specified in this subparagraph is -

(i) for calendar years before 2001, 6.3 percent, and

(ii) for calendar years after 2000, such percentage rate as

the Commissioner determines is necessary in order to achieve

full recovery of the costs of determining and certifying fees

to attorneys from the past-due benefits of claimants, but not

in excess of 6.3 percent.

(3) Collection

The Commissioner may collect the assessment imposed on an

attorney under paragraph (1) by offset from the amount of the fee

otherwise required by subsection (a)(4) or (b)(1) of this section

to be certified for payment to the attorney from a claimant's

past-due benefits.

(4) Prohibition on claimant reimbursement

An attorney subject to an assessment under paragraph (1) may

not, directly or indirectly, request or otherwise obtain

reimbursement for such assessment from the claimant whose claim

gave rise to the assessment.

(5) Disposition of assessments

Assessments on attorneys collected under this subsection shall

be credited to the Federal Old-Age and Survivors Insurance Trust

Fund and the Federal Disability Insurance Trust Fund, as

appropriate.

(6) Authorization of appropriations

The assessments authorized under this section shall be

collected and available for obligation only to the extent and in

the amount provided in advance in appropriations Acts. Amounts so

appropriated are authorized to remain available until expended,

for administrative expenses in carrying out this subchapter and

related laws.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 206, 49 Stat. 624; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1372; Aug. 28,

1950, ch. 809, title I, Sec. 109(b)(1), 64 Stat. 523; Pub. L.

85-840, title III, Sec. 309, Aug. 28, 1958, 72 Stat. 1034; Pub. L.

89-97, title III, Sec. 332, July 30, 1965, 79 Stat. 403; Pub. L.

90-248, title I, Sec. 173, Jan. 2, 1968, 81 Stat. 877; Pub. L.

101-239, title X, Sec. 10307(a)(1), (b)(1), Dec. 19, 1989, 103

Stat. 2484, 2485; Pub. L. 98-369, title VI, Sec. 2663(l)(1), July

18, 1984, 98 Stat. 1171; Pub. L. 101-508, title V, Sec. 5106(a)(1),

Nov. 5, 1990, 104 Stat. 1388-266; Pub. L. 103-296, title I, Sec.

107(a)(4), title III, Sec. 321(f)(3)(B)(i), (4), Aug. 15, 1994, 108

Stat. 1478, 1541, 1542; Pub. L. 106-170, title IV, Sec. 406(a),

(b), Dec. 17, 1999, 113 Stat. 1911, 1912.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(4). Pub. L. 106-170, Sec. 406(a)(2)(A), (b),

struck out "(A)" after "(4)", substituted "subsection (d) of this

section" for "subparagraph (B)", and struck out subpar. (B) which

read as follows: "The Commissioner of Social Security shall not in

any case certify any amount for payment to the attorney pursuant to

this paragraph before the expiration of the 15-day period referred

to in paragraph (3)(A) or, in the case of any review conducted

under paragraph (3), before the completion of such review."

Subsec. (b)(1)(A). Pub. L. 106-170, Sec. 406(a)(2)(B), inserted

", but subject to subsection (d) of this section" after "section

405(i) of this title".

Subsec. (d). Pub. L. 106-170, Sec. 406(a)(1), added subsec. (d).

1994 - Subsec. (a)(1), (2)(A). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing, "before the Commissioner" for "before him" in

two places, "Commissioner's" for "Secretary's" in two places, and

"the Commissioner shall, if the" for "he shall, if the" in par.

(1).

Subsec. (a)(2)(C). Pub. L. 103-296, Sec. 321(f)(4)(A)(ii), added

subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (C) as added by Pub.

L. 103-296, Sec. 321(f)(4)(A)(ii), substituted "Commissioner of

Social Security" for "Secretary" in two places.

Subsec. (a)(2)(D). Pub. L. 103-296, Sec. 321(f)(4)(A)(i),

redesignated subpar. (C) as (D).

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (D) as redesignated

by Pub. L. 103-296, Sec. 321(f)(4)(A)(i), substituted "Commissioner

of Social Security" for "Secretary" in two places in introductory

provisions.

Subsec. (a)(3)(A). Pub. L. 103-296, Sec. 321(f)(4)(B),

substituted "paragraph (2)(D)" for "paragraph (2)(C)" in

introductory provisions.

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing.

Subsec. (a)(3)(B), (4), (5). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

Subsec. (b)(1). Pub. L. 103-296, Sec. 321(f)(3)(B)(i), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b)(1)(A). Pub. L. 103-296, Sec. 107(a)(4), in subpar.

(A) as designated by Pub. L. 103-296, Sec. 321(f)(3)(B)(i),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (c). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in two places.

1990 - Subsec. (a). Pub. L. 101-508 designated existing

provisions as par. (1), substituted "Except as provided in

paragraph (2)(A), whenever" for "Whenever" in fifth sentence,

substituted pars. (2) to (4) for "If as a result of such

determination, such claimant is entitled to past-due benefits under

this subchapter, the Secretary shall, notwithstanding section

405(i) of this title, certify for payment (out of such past-due

benefits) to such attorney an amount equal to whichever of the

following is the smaller: (A) 25 per centum of the total amount of

such past-due benefits, (B) the amount of the attorney's fee so

fixed, or (C) the amount agreed upon between the claimant and such

attorney as the fee for such attorney's services.", and inserted

"(5)" before "Any person who".

1989 - Subsec. (a). Pub. L. 101-239, Sec. 10307(a)(1), inserted

at end "The Secretary shall maintain in the electronic information

retrieval system used by the Social Security Administration a

current record, with respect to any claimant before the Secretary,

of the identity of any person representing such claimant in

accordance with this subsection."

Subsec. (c). Pub. L. 101-239, Sec. 10307(b)(1), added subsec.

(c).

1984 - Pub. L. 98-369 substituted "Secretary" and "Secretary's"

for "Administrator" and "Administrator's", respectively, wherever

appearing.

1968 - Subsec. (a). Pub. L. 90-248 provided for fixing of

attorneys fees for claimants and for certification of amount for

payment out of past-due benefits.

1965 - Pub. L. 89-97 designated existing provisions as subsec.

(a) and added subsec. (b).

1958 - Pub. L. 85-840 struck out provisions which required

attorneys to file a certificate of their right to practice.

1950 - Act Aug. 28, 1950, substituted "Administrator" for "Board"

and "Administrator's" for "Board's".

1939 - Act Aug. 10, 1939, substituted the provisions of this

section for former provisions relating to overpayments during life,

now covered by section 404 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title IV, Sec. 406(d), Dec. 17, 1999, 113 Stat.

1913, provided that: "The amendments made by this section [amending

this section and enacting provisions set out as a note under this

section] shall apply in the case of any attorney with respect to

whom a fee for services is required to be certified for payment

from a claimant's past-due benefits pursuant to subsection (a)(4)

or (b)(1) of section 206 of the Social Security Act [this section]

after the later of -

"(1) December 31, 1999, or

"(2) the last day of the first month beginning after the month

in which this Act is enacted [Dec. 1999]."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Amendment by section 321(f)(3)(B)(i), (4) of Pub. L. 103-296

effective as if included in the provisions of the Omnibus Budget

Reconciliation Act of 1990, Pub. L. 101-508, to which such

amendment relates, except that amendment by section 321(f)(3)(B)(i)

applicable with respect to favorable judgments made after 180 days

after Aug. 15, 1994, see section 321(f)(5) of Pub. L. 103-296, set

out as a note under section 405 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to

determinations made on or after July 1, 1991, and to reimbursement

for travel expenses incurred on or after Apr. 1, 1991, see section

5106(d) of Pub. L. 101-508, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10307(a)(3) of Pub. L. 101-239 provided that: "The

amendments made by this subsection [amending this section and

section 1383 of this title] shall take effect June 1, 1991."

Section 10307(b)(3) of Pub. L. 101-239 provided that: "The

amendments made by this subsection [amending this section and

section 1383 of this title] shall apply with respect to adverse

determinations made on or after January 1, 1991."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

GAO STUDY AND REPORT

Pub. L. 106-170, title IV, Sec. 406(c), Dec. 17, 1999, 113 Stat.

1912, provided that:

"(1) Study. - The Comptroller General of the United States shall

conduct a study that -

"(A) examines the costs incurred by the Social Security

Administration in administering the provisions of subsection

(a)(4) and (b)(1) of section 206 of the Social Security Act (42

U.S.C. 406) and itemizes the components of such costs, including

the costs of determining fees to attorneys from the past-due

benefits of claimants before the Commissioner of Social Security

and of certifying such fees;

"(B) identifies efficiencies that the Social Security

Administration could implement to reduce such costs;

"(C) examines the feasibility and advisability of linking the

payment of, or the amount of, the assessment under section 206(d)

of the Social Security Act (42 U.S.C. 406(d)) to the timeliness

of the payment of the fee to the attorney as certified by the

Commissioner of Social Security pursuant to subsection (a)(4) or

(b)(1) of section 206 of such Act (42 U.S.C. 406);

"(D) determines whether the provisions of subsection (a)(4) and

(b)(1) of section 206 of such Act (42 U.S.C. 406) should be

applied to claimants under title XVI of such Act (42 U.S.C 1381

et seq.);

"(E) determines the feasibility and advisability of stating

fees under section 206(d) of such Act (42 U.S.C. 406(d)) in terms

of a fixed dollar amount as opposed to a percentage;

"(F) determines whether the dollar limit specified in section

206(a)(2)(A)(ii)(II) of such Act (42 U.S.C. 406(a)(2)(A)(ii)(II))

should be raised; and

"(G) determines whether the assessment on attorneys required

under section 206(d) of such Act (42 U.S.C. 406(d)) (as added by

subsection (a)(1) of this section) impairs access to legal

representation for claimants.

"(2) Report. - Not later than 1 year after the date of the

enactment of this Act [Dec. 17, 1999], the Comptroller General of

the United States shall submit a report to the Committee on Ways

and Means of the House of Representatives and the Committee on

Finance of the Senate on the study conducted under paragraph (1),

together with any recommendations for legislation that the

Comptroller General determines to be appropriate as a result of

such study."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 423, 1320a-6, 1383,

1395ff, 1395ii of this title; title 30 section 923.

-End-

-CITE-

42 USC Sec. 407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 407. Assignment of benefits

-STATUTE-

(a) In general

The right of any person to any future payment under this

subchapter shall not be transferable or assignable, at law or in

equity, and none of the moneys paid or payable or rights existing

under this subchapter shall be subject to execution, levy,

attachment, garnishment, or other legal process, or to the

operation of any bankruptcy or insolvency law.

(b) Amendment of section

No other provision of law, enacted before, on, or after April 20,

1983, may be construed to limit, supersede, or otherwise modify the

provisions of this section except to the extent that it does so by

express reference to this section.

(c) Withholding of taxes

Nothing in this section shall be construed to prohibit

withholding taxes from any benefit under this subchapter, if such

withholding is done pursuant to a request made in accordance with

section 3402(p)(1) of the Internal Revenue Code of 1986 by the

person entitled to such benefit or such person's representative

payee.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 207, 49 Stat. 624; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1372; Pub. L.

98-21, title III, Sec. 335(a), Apr. 20, 1983, 97 Stat. 130; Pub. L.

105-277, div. J, title IV, Sec. 4005(a), Oct. 21, 1998, 112 Stat.

2681-911.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c), is

classified generally to Title 26, Internal Revenue Code.

-COD-

CODIFICATION

In subsec. (b), "April 20, 1983" substituted for "the date of the

enactment of this section", which was translated as meaning the

date of enactment of this subsection, as the probable intent of

Congress.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-277 added subsec. (c).

1983 - Pub. L. 98-21 designated existing provisions as subsec.

(a) and added subsec. (b).

1939 - Act Aug. 10, 1939, amended section generally,

incorporating provisions of former section 408 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 335(c) of Pub. L. 98-21 provided that: "The amendments

made by subsection (a) [amending this section] shall apply only

with respect to benefits payable or rights existing under the

Social Security Act [this chapter] on or after the date of the

enactment of this Act [Apr. 20, 1983]."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 401, 659, 1320a-8,

1320b-17, 1383 of this title; title 18 section 3613; title 26

sections 86, 871, 6334; title 30 section 923; title 31 section

3716.

-End-

-CITE-

42 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 408. Penalties

-STATUTE-

(a) In general

Whoever -

(1) for the purpose of causing an increase in any payment

authorized to be made under this subchapter, or for the purpose

of causing any payment to be made where no payment is authorized

under this subchapter, shall make or cause to be made any false

statement or representation (including any false statement or

representation in connection with any matter arising under

subchapter E of chapter 1, or subchapter A or E of chapter 9 of

the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle

F of the Internal Revenue Code of 1954) as to -

(A) whether wages were paid or received for employment (as

said terms are defined in this subchapter and the Internal

Revenue Code), or the amount of wages or the period during

which paid or the person to whom paid; or

(B) whether net earnings from self-employment (as such term

is defined in this subchapter and in the Internal Revenue Code)

were derived, or as to the amount of such net earnings or the

period during which or the person by whom derived; or

(C) whether a person entitled to benefits under this

subchapter had earnings in or for a particular period (as

determined under section 403(f) of this title for purposes of

deductions from benefits), or as to the amount thereof; or

(2) makes or causes to be made any false statement or

representation of a material fact in any application for any

payment or for a disability determination under this subchapter;

or

(3) at any time makes or causes to be made any false statement

or representation of a material fact for use in determining

rights to payment under this subchapter; or

(4) having knowledge of the occurrence of any event affecting

(1) his initial or continued right to any payment under this

subchapter, or (2) the initial or continued right to any payment

of any other individual in whose behalf he has applied for or is

receiving such payment, conceals or fails to disclose such event

with an intent fraudulently to secure payment either in a greater

amount than is due or when no payment is authorized; or

(5) having made application to receive payment under this

subchapter for the use and benefit of another and having received

such a payment, knowingly and willfully converts such a payment,

or any part thereof, to a use other than for the use and benefit

of such other person; or

(6) willfully, knowingly, and with intent to deceive the

Commissioner of Social Security as to his true identity (or the

true identity of any other person) furnishes or causes to be

furnished false information to the Commissioner of Social

Security with respect to any information required by the

Commissioner of Social Security in connection with the

establishment and maintenance of the records provided for in

section 405(c)(2) of this title; or

(7) for the purpose of causing an increase in any payment

authorized under this subchapter (or any other program financed

in whole or in part from Federal funds), or for the purpose of

causing a payment under this subchapter (or any such other

program) to be made when no payment is authorized thereunder, or

for the purpose of obtaining (for himself or any other person)

any payment or any other benefit to which he (or such other

person) is not entitled, or for the purpose of obtaining anything

of value from any person, or for any other purpose -

(A) willfully, knowingly, and with intent to deceive, uses a

social security account number, assigned by the Commissioner of

Social Security (in the exercise of the Commissioner's

authority under section 405(c)(2) of this title to establish

and maintain records) on the basis of false information

furnished to the Commissioner of Social Security by him or by

any other person; or

(B) with intent to deceive, falsely represents a number to be

the social security account number assigned by the Commissioner

of Social Security to him or to another person, when in fact

such number is not the social security account number assigned

by the Commissioner of Social Security to him or to such other

person; or

(C) knowingly alters a social security card issued by the

Commissioner of Social Security, buys or sells a card that is,

or purports to be, a card so issued, counterfeits a social

security card, or possesses a social security card or

counterfeit social security card with intent to sell or alter

it; or

(8) discloses, uses, or compels the disclosure of the social

security number of any person in violation of the laws of the

United States;

shall be guilty of a felony and upon conviction thereof shall be

fined under title 18 or imprisoned for not more than five years, or

both.

(b) Violations by certified payees

Any person or other entity who is convicted of a violation of any

of the provisions of this section, if such violation is committed

by such person or entity in his role as, or in applying to become,

a certified payee under section 405(j) of this title on behalf of

another individual (other than such person's spouse), upon his

second or any subsequent such conviction shall, in lieu of the

penalty set forth in the preceding provisions of this section, be

guilty of a felony and shall be fined under title 18 or imprisoned

for not more than five years, or both. In the case of any violation

described in the preceding sentence, including a first such

violation, if the court determines that such violation includes a

willful misuse of funds by such person or entity, the court may

also require that full or partial restitution of such funds be made

to the individual for whom such person or entity was the certified

payee.

(c) Effect upon certification as payee; definitions

Any individual or entity convicted of a felony under this section

or under section 1383a(b) of this title may not be certified as a

payee under section 405(j) of this title. For the purpose of

subsection (a)(7) of this section, the terms "social security

number" and "social security account number" mean such numbers as

are assigned by the Commissioner of Social Security under section

405(c)(2) of this title whether or not, in actual use, such numbers

are called social security numbers.

(d) Application of subsection (a)(6) and (7) to certain aliens

(1) Except as provided in paragraph (2), an alien -

(A) whose status is adjusted to that of lawful temporary

resident under section 1160 or 1255a of title 8 or under section

902 of the Foreign Relations Authorization Act, Fiscal Years 1988

and 1989,

(B) whose status is adjusted to that of permanent resident -

(i) under section 202 of the Immigration Reform and Control

Act of 1986, or

(ii) pursuant to section 1259 of title 8, or

(C) who is granted special immigrant status under section

1101(a)(27)(I) of title 8,

shall not be subject to prosecution for any alleged conduct

described in paragraph (6) or (7) of subsection (a) of this section

if such conduct is alleged to have occurred prior to 60 days after

November 5, 1990.

(2) Paragraph (1) shall not apply with respect to conduct

(described in subsection (a)(7)(C) of this section) consisting of -

(A) selling a card that is, or purports to be, a social

security card issued by the Commissioner of Social Security,

(B) possessing a social security card with intent to sell it,

or

(C) counterfeiting a social security card with intent to sell

it.

(3) Paragraph (1) shall not apply with respect to any criminal

conduct involving both the conduct described in subsection (a)(7)

of this section to which paragraph (1) applies and any other

criminal conduct if such other conduct would be criminal conduct if

the conduct described in subsection (a)(7) of this section were not

committed.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 208, 49 Stat. 625; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1372; Aug. 28,

1950, ch. 809, title I, Sec. 109(c), 64 Stat. 523; Sept. 1, 1954,

ch. 1206, title I, Sec. 111(b), 68 Stat. 1085; Pub. L. 85-840,

title III, Sec. 310, Aug. 28, 1958, 72 Stat. 1034; Pub. L. 86-778,

title II, Sec. 211(m), Sept. 13, 1960, 74 Stat. 958; Pub. L.

92-603, title I, Sec. 130(a), Oct. 30, 1972, 86 Stat. 1359; Pub. L.

94-455, title XII, Sec. 1211(a), (d), Oct. 4, 1976, 90 Stat. 1711,

1712; Pub. L. 97-123, Sec. 4(a), (b), Dec. 29, 1981, 95 Stat. 1663,

1664; Pub. L. 98-369, div. B, title VI, Sec. 2663(a)(5), July 18,

1984, 98 Stat. 1162; Pub. L. 98-460, Sec. 16(c)(2), Oct. 9, 1984,

98 Stat. 1811; Pub. L. 100-690, title VII, Sec. 7088, Nov. 18,

1988, 102 Stat. 4409; Pub. L. 101-508, title V, Secs. 5121,

5130(a)(1), Nov. 5, 1990, 104 Stat. 1388-283, 1388-289; Pub. L.

103-296, title I, Sec. 107(a)(4), title III, Sec. 321(a)(12), Aug.

15, 1994, 108 Stat. 1478, 1536; Pub. L. 106-553, Sec. 1(a)(2)

[title VI, Sec. 635(c)(2)(1), (2)], Dec. 21, 2000, 114 Stat. 2762,

2762A-117; Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(6)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-180.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter E of chapter 1 and subchapters A and E of chapter 9 of

the Internal Revenue Code of 1939, referred to in subsec. (a)(1),

were comprised of sections 480-482, 1400-1432, and 1630-1636,

respectively, and were repealed (subject to certain exceptions) by

section 7851(a)(1)(A), (3) of Title 26, Internal Revenue Code of

1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). The I.R.C. 1954 was

redesignated I.R.C. 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

100 Stat. 2095.

For provision deeming a reference in other laws to a provision of

the 1939 Code as a reference to the corresponding provisions of the

1986 Code, see section 7852(b) of the 1986 Code. For table of

comparisons of the 1939 Code to the 1986 Code, see table preceding

section 1 of Title 26, Internal Revenue Code. The Internal Revenue

Code of 1986 is classified generally to Title 26.

Chapters 2 and 21 and subtitle F of the Internal Revenue Code of

1954, referred to in subsec. (a)(1), were redesignated chapters 2

and 21 and subtitle F of the Internal Revenue Code of 1986, and are

classified to sections 1401 et seq., 3101 et seq., and 6001 et

seq., respectively, of Title 26.

Section 902 of the Foreign Relations Authorization Act, Fiscal

Years 1988 and 1989, referred to in subsec. (d)(1)(A), is section

902 of Pub. L. 100-204, which is set out as a note under section

1255a of Title 8, Aliens and Nationality.

Section 202 of the Immigration Reform and Control Act of 1986,

referred to in subsec. (d)(1)(B)(i), is section 202 of Pub. L.

99-603, which is set out as a note under section 1255a of Title 8.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(8) to (10). Pub. L. 106-553, which inserted

"or" at end of par. (8) and added pars. (9) and (10), was repealed

by Pub. L. 106-554, effective as if included in Pub. L. 106-553 on

Dec. 21, 2000. Pars. (9) and (10) read as follows:

"(9) except as provided in section 1320b-23(d) of this title,

knowingly and willfully displays or sells to the general public (as

defined in section 1320b-23(g) of this title) any individual's

social security number, or any identifiable derivative of such

number, without the affirmatively expressed consent (as defined in

section 1320b-23(c) of this title), electronically or in writing,

of such individual; or

"(10) obtains any individual's social security number, or any

identifiable derivative of such number, for purposes of locating or

identifying an individual with the intent to physically injure,

harm, or use the identity of the individual for illegal purposes;".

1994 - Subsec. (a)(6), (7). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing and "the Commissioner's authority" for "his

authority" in par. (7)(A).

Subsec. (c). Pub. L. 103-296, Sec. 321(a)(12), substituted

"subsection (a)(7)" for "subsection (g)".

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary".

Subsec. (d)(2)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

1990 - Pub. L. 101-508, Sec. 5121, inserted "(a)" before "Whoever

- ", redesignated former subsecs. (a) to (h) as pars. (1) to (8),

respectively, of subsec. (a), in pars. (1) and (7) redesignated

former pars. (1) to (3) as subpars. (A) to (C), respectively,

inserted "(b)" before "Any person or other entity who is

convicted", inserted "(c)" before "Any individual or entity

convicted of a felony", and added subsec. (d).

Pub. L. 101-508, Sec. 5130(a)(1), in the last undesignated

paragraph substituted "section 405(c)(2) of this title" for

"section 605(c)(2) of this title".

1988 - Pub. L. 100-690 substituted "under title 18" for "not more

than $5,000" in first undesignated par., substituted "under title

18" for "not more than $25,000" in second undesignated par., and

inserted provisions at end defining for purposes of subsec. (g)

"social security number" and "social security account number".

1984 - Pub. L. 98-460 inserted provisions imposing a penalty of

$25,000 or imprisonment for not more than five years, or both, on

any person or other entity convicted for a second or subsequent

violation of this section, if such violation is committed by such

person or entity in his role as, or in applying to become, a

certified payee under section 405(j) of this title, and also

granting the court discretion, in any case, including a first

offense, involving a willful misuse of funds, to require full or

partial restitution, and prohibiting the certification of any

individual or entity convicted of a felony under this section or

under section 1383a(b) of this title.

Subsecs. (f) to (h). Pub. L. 98-369 realigned margins of subsecs.

(f) to (h).

1981 - Pub. L. 97-123 substituted provisions making violation of

section a felony for provisions making it a misdemeanor, increased

the punishment from one to five years and penalty from $1,000 to

$5,000, and in subsec. (g), in opening paragraph, substituted "or

for the purpose of obtaining anything of value from any person, or

for any other purpose" for "or for any other purpose", and added

par. (3).

1976 - Subsec. (g). Pub. L. 94-455, Sec. 1211(a), inserted ", or

for any other purpose" after "entitled" in provisions preceding cl.

(1).

Subsec. (h). Pub. L. 94-455, Sec. 1211(d)(1), added subsec. (h).

1972 - Subsecs. (f), (g). Pub. L. 92-603 added subsecs. (f) and

(g).

1960 - Subsec. (a)(3). Pub. L. 86-778 substituted "section 403(f)

of this title" for "section 403(e) of this title".

1958 - Pub. L. 85-840 amended section generally, by, among other

changes, inserting references to the Internal Revenue Code of 1954,

and making penalty provisions applicable to cases (1) where false

statements or representations as to whether wages were paid or

received for employment, or whether net earnings from

self-employment were derived, or whether a person entitled to

benefits under this subchapter had earnings in or for a particular

period, or as to the amount thereof, are made for the purpose of

obtaining or increasing benefits; (2) where false statements or

representations are made in any application for disability

determination; (3) where a person intentionally conceals or fails

to disclose knowledge of any event affecting his or another's

initial or continued right to payment, and (4) where a person

converts a payment that he received for the use and benefit of

another.

1954 - Act Sept. 1, 1954, made it clear that the penalty

provisions of the section extend to cases of false statements or

representations as to the amount of net earnings from

self-employment derived or the period during which derived.

1950 - Act Aug. 28, 1950, substituted "subchapter E of chapter 1,

or subchapter A or E of chapter 9 of the Internal Revenue Code of

1939" for "the Federal Insurance Contributions Act".

1939 - Act Aug. 10, 1939, amended section generally,

incorporating provisions of section 409 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(b)], Dec. 21,

2000, 114 Stat. 2763, 2763A-180, provided that: "The amendments

made by this section [amending this section, section 10601 of this

title, and section 2709 of Title 22, Foreign Relations and

Intercourse, repealing section 1320b-23 of this title, amending

provisions set out as notes under sections 4001 and 4013 of Title

18, Crimes and Criminal Procedure, and section 524 of Title 28,

Judiciary and Judicial Procedure, and repealing provisions set out

as notes under this section and sections 1305 and 1320b-23 of this

title] shall take effect as if included in H.R. 4942 of the 106th

Congress [Pub. L. 106-553] on the date of its enactment [Dec. 21,

2000]."

Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec. 635(c)(2)(3)], Dec.

21, 2000, 114 Stat. 2762, 2762A-117, which provided that the

amendments made by Sec. 1(a)(2) [title VI, Sec. 635(c)] of Pub. L.

106-553, enacting section 1320b-23 of this title and amending this

section, would apply with respect to violations occurring on and

after the date that is 2 years after Dec. 21, 2000, was repealed by

Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(6)], Dec. 21,

2000, 114 Stat. 2763, 2763A-180, see above.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5130(a)(1) of Pub. L. 101-508 effective as

if included in the enactment of Pub. L. 100-690, Sec. 7088, see

section 5130(b) of Pub. L. 101-508, set out as a note under section

1402 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-460 effective Oct. 9, 1984, and

applicable with respect to violations occurring on or after such

date, see section 16(d) of Pub. L. 98-460, set out as a note under

section 405 of this title.

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 4(c) of Pub. L. 97-123 provided that: "The amendments

made by subsections (a) and (b) [amending this section] shall be

effective with respect to violations committed after the date of

the enactment of this Act [Dec. 29, 1981]."

EFFECTIVE DATE OF 1972 AMENDMENT

Section 130(b) of Pub. L. 92-603 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to information furnished to the Secretary after the date of

the enactment of this Act [Oct. 30, 1972]."

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-778 effective in the manner provided in

section 211(p), (q) of Pub. L. 86-778, section 211(s) of Pub. L.

86-778, set out as a note under section 403 of this title.

EFFECTIVE DATE OF 1939 AMENDMENT

Section 201 of act Aug. 10, 1939, provided that the amendment

made by that section is effective Jan. 1, 1940.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 1007, 1320b-6, 1383,

1383a of this title; title 30 section 923.

-End-

-CITE-

42 USC Sec. 409 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

BENEFITS

-HEAD-

Sec. 409. "Wages" defined

-STATUTE-

(a) In general

For the purposes of this subchapter, the term "wages" means

remuneration paid prior to 1951 which was wages for the purposes of

this subchapter under the law applicable to the payment of such

remuneration, and remuneration paid after 1950 for employment,

including the cash value of all remuneration (including benefits)

paid in any medium other than cash; except that, in the case of

remuneration paid after 1950, such term shall not include -

(1)(A) That part of remuneration which, after remuneration

(other than remuneration referred to in the succeeding

subsections of this section) equal to $3,600 with respect to

employment has been paid to an individual during any calendar

year prior to 1955, is paid to such individual during such

calendar year;

(B) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $4,200 with respect to employment has been

paid to an individual during any calendar year after 1954 and

prior to 1959, is paid to such individual during such calendar

year;

(C) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $4,800 with respect to employment has been

paid to an individual during any calendar year after 1958 and

prior to 1966, is paid to such individual during such calendar

year;

(D) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $6,600 with respect to employment has been

paid to an individual during any calendar year after 1965 and

prior to 1968, is paid to such individual during such calendar

year;

(E) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $7,800 with respect to employment has been

paid to an individual during any calendar year after 1967 and

prior to 1972, is paid to such individual during such calendar

year;

(F) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $9,000 with respect to employment has been

paid to an individual during any calendar year after 1971 and

prior to 1973, is paid to such individual during any such

calendar year;

(G) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $10,800 with respect to employment has

been paid to an individual during any calendar year after 1972

and prior to 1974, is paid to such individual during such

calendar year;

(H) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to $13,200 with respect to employment has

been paid to an individual during any calendar year after 1973

and prior to 1975, is paid to such individual during such

calendar year;

(I) That part of remuneration which, after remuneration (other

than remuneration referred to in the succeeding subsections of

this section) equal to the contribution and benefit base

(determined under section 430 of this title) with respect to

employment has been paid to an individual during any calendar

year after 1974 with respect to which such contribution and

benefit base is effective, is paid to such individual during such

calendar year;

(2) The amount of any payment (including any amount paid by an

employer for insurance or annuities, or into a fund, to provide

for any such payment) made to, or on behalf of, an employee or

any of his dependents under a plan or system established by an

employer which makes provision for his employees generally (or

for his employees generally and their dependents) or for a class

or classes of his employees (or for a class or classes of his

employees and their dependents), on account of (A) sickness or

accident disability (but, in the case of payments made to an

employee or any of his dependents, this clause shall exclude from

the term "wages" only payments which are received under a

workmen's compensation law), or (B) medical or hospitalization

expenses in connection with sickness or accident disability, or

(C) death, except that this subsection does not apply to a

payment for group-term life insurance to the extent that such

payment is includible in the gross income of the employee under

the Internal Revenue Code of 1986;

(3) Any payment on account of sickness or accident disability,

or medical or hospitalization expenses in connection with

sickness or accident disability, made by an employer to, or on

behalf of, an employee after the expiration of six calendar

months following the last calendar month in which the employee

worked for such employer;

(4) Any payment made to, or on behalf of, an employee or his

beneficiary (A) from or to a trust exempt from tax under section

165(a) of the Internal Revenue Code of 1939 at the time of such

payment or, in the case of a payment after 1954, under sections

401 and 501(a) of the Internal Revenue Code of 1954 or the

Internal Revenue Code of 1986, unless such payment is made to an

employee of the trust as remuneration for services rendered as

such employee and not as a beneficiary of the trust, or (B) under

or to an annuity plan which, at the time of such payment, meets

the requirements of section 165(a)(3), (4), (5), and (6) of the

Internal Revenue Code of 1939 or, in the case of a payment after

1954 and prior to 1963, the requirements of section 401(a)(3),

(4), (5), and (6) of the Internal Revenue Code of 1954, or (C)

under or to an annuity plan which, at the time of any such

payment after 1962, is a plan described in section 403(a) of the

Internal Revenue Code of 1986, or (D) under or to a bond purchase

plan which, at the time of any such payment after 1962, is a

qualified bond purchase plan described in section 405(a) of the

Internal Revenue Code of 1954 (as in effect before July 18,

1984), or (E) under or to an annuity contract described in

section 403(b) of the Internal Revenue Code of 1986, other than a

payment for the purchase of such contract which is made by reason

of a salary reduction agreement (whether evidenced by a written

instrument or otherwise), or (F) under or to an exempt

governmental deferred compensation plan (as defined in section

3121(v)(3) of such Code), or (G) to supplement pension benefits

under a plan or trust described in any of the foregoing

provisions of this subsection to take into account some portion

or all of the increase in the cost of living (as determined by

the Secretary of Labor) since retirement but only if such

supplemental payments are under a plan which is treated as a

welfare plan under section 3(2)(B)(ii) of the Employee Retirement

Income Security Act of 1974 [29 U.S.C. 1002(2)(B)(ii)], or (H)

under a simplified employee pension (as defined in section

408(k)(1) of such Code), other than any contributions described

in section 408(k)(6) of such Code, or (I) under a cafeteria plan

(within the meaning of section 125 of the Internal Revenue Code

of 1986) if such payment would not be treated as wages without

regard to such plan and it is reasonable to believe that (if

section 125 applied for purposes of this section) section 125

would not treat any wages as constructively received; or (J)

under an arrangement to which section 408(p) of such Code

applies, other than any elective contributions under paragraph

(2)(A)(i) thereof; or (K) under a plan described in section

457(e)(11)(A)(ii) of the Internal Revenue Code of 1986 and

maintained by an eligible employer (as defined in section

457(e)(1) of such Code);

(5) The payment by an employer (without deduction from the

remuneration of the employee) -

(A) of the tax imposed upon an employee under section 3101 of

the Internal Revenue Code of 1986, or

(B) of any payment required from an employee under a State

unemployment compensation law,

with respect to remuneration paid to an employee for domestic

service in a private home of the employer or for agricultural

labor;

(6)(A) Remuneration paid in any medium other than cash to an

employee for service not in the course of the employer's trade or

business or for domestic service in a private home of the

employer;

(B) Cash remuneration paid by an employer in any calendar year

to an employee for domestic service in a private home of the

employer (including domestic service described in section

410(f)(5) of this title), if the cash remuneration paid in such

year by the employer to the employee for such service is less

than the applicable dollar threshold (as defined in section

3121(x) of the Internal Revenue Code of 1986) for such year;

(C) Cash remuneration paid by an employer in any calendar year

to an employee for service not in the course of the employer's

trade or business, if the cash remuneration paid in such year by

the employer to the employee for such service is less than $100.

As used in this paragraph, the term "service not in the course of

the employer's trade or business" does not include domestic

service in a private home of the employer and does not include

service described in section 410(f)(5) of this title;

(7)(A) Remuneration paid in any medium other than cash for

agricultural labor;

(B) Cash remuneration paid by an employer in any calendar year

to an employee for agricultural labor unless -

(i) the cash remuneration paid in such year by the employer

to the employee for such labor is $150 or more, or

(ii) the employer's expenditures for agricultural labor in

such year equal or exceed $2,500,

except that clause (ii) shall not apply in determining whether

remuneration paid to an employee constitutes "wages" under this

section if such employee (I) is employed as a hand harvest

laborer and is paid on a piece rate basis in an operation which

has been, and is customarily and generally recognized as having

been, paid on a piece rate basis in the region of employment,

(II) commutes daily from his permanent residence to the farm on

which he is so employed, and (III) has been employed in

agriculture less than 13 weeks during the preceding calendar

year;

(8) Remuneration paid by an employer in any year to an employee

for service described in section 410(j)(3)(C) of this title

(relating to home workers), if the cash remuneration paid in such

year by the employer to the employee for such service is less

than $100;

(9) Remuneration paid to or on behalf of an employee if (and to

the extent that) at the time of the payment of such remuneration

it is reasonable to believe that a corresponding deduction is

allowable under section 217 of the Internal Revenue Code of 1986

(determined without regard to section 274(n) of such Code);

(10)(A) Tips paid in any medium other than cash;

(B) Cash tips received by an employee in any calendar month in

the course of his employment by an employer unless the amount of

such cash tips is $20 or more;

(11) Any payment or series of payments by an employer to an

employee or any of his dependents which is paid -

(A) upon or after the termination of an employee's employment

relationship because of (A) (!1) death, or (B) (!1) retirement

for disability, and

(B) under a plan established by the employer which makes

provision for his employees generally or a class or classes of

his employees (or for such employees or class or classes of

employees and their dependents),

other than any such payment or series of payments which would

have been paid if the employee's employment relationship had not

been so terminated;

(12) Any payment made by an employer to a survivor or the

estate of a former employee after the calendar year in which such

employee died;

(13) Any payment made by an employer to an employee, if at the

time such payment is made such employee is entitled to disability

insurance benefits under section 423(a) of this title and such

entitlement commenced prior to the calendar year in which such

payment is made, and if such employee did not perform any

services for such employer during the period for which such

payment is made;

(14)(A) Remuneration paid by an organization exempt from income

tax under section 501 of the Internal Revenue Code of 1986 in any

calendar year to an employee for service rendered in the employ

of such organization, if the remuneration paid in such year by

the organization to the employee for such service is less than

$100;

(B) Any contribution, payment, or service, provided by an

employer which may be excluded from the gross income of an

employee, his spouse, or his dependents, under the provisions of

section 120 of the Internal Revenue Code of 1986 (relating to

amounts received under qualified group legal services plans);

(15) Any payment made, or benefit furnished, to or for the

benefit of an employee if at the time of such payment or such

furnishing it is reasonable to believe that the employee will be

able to exclude such payment or benefit from income under section

127 or 129 of the Internal Revenue Code of 1986;

(16) The value of any meals or lodging furnished by or on

behalf of the employer if at the time of such furnishing it is

reasonable to believe that the employee will be able to exclude

such items from income under section 119 of the Internal Revenue

Code of 1986;

(17) Any benefit provided to or on behalf of an employee if at

the time such benefit is provided it is reasonable to believe

that the employee will be able to exclude such benefit from

income under section 74(c), 117, or 132 of the Internal Revenue

Code of 1986; or

(18) Remuneration consisting of income excluded from taxation

under section 7873 of the Internal Revenue Code of 1986 (relating

to income derived by Indians from exercise of fishing rights).

(b) Regulations providing exclusions from term

Nothing in the regulations prescribed for purposes of chapter 24

of the Internal Revenue Code of 1986 (relating to income tax

withholding) which provides an exclusion from "wages" as used in

such chapter shall be construed to require a similar exclusion from

"wages" in the regulations prescribed for purposes of this

subchapter.

(c) Individuals performing domestic services

For purposes of this subchapter, in the case of domestic service

described in subsection (a)(6)(B) of this section, any payment of

cash remuneration for such service which is more or less than a

whole-dollar amount shall, under such conditions and to such extent

as may be prescribed by regulations made under this subchapter, be

computed to the nearest dollar. For the purpose of the computation

to the nearest dollar, the payment of a fractional part of a dollar

shall be disregarded unless it amounts to one-half dollar or more,

in which case it shall be increased to $1. The amount of any

payment of cash remuneration so computed to the nearest dollar

shall, in lieu of the amount actually paid, be deemed to constitute

the amount of cash remuneration for purposes of subsection

(a)(6)(B) of this section.

(d) Members of uniformed services

For purposes of this subchapter, in the case of an individual

performing service, as a member of a uniformed service, to which

the provisions of section 410(l)(1) of this title are applicable,

the term "wages" shall, subject to the provisions of subsection

(a)(1) of this section, include as such individual's remuneration

for such service only (1) his basic pay as described in chapter 3

and section 1009 of title 37 in the case of an individual

performing service to which subparagraph (A) of such section

410(l)(1) of this title applies, or (2) his compensation for such

service as determined under section 206(a) of title 37 in the case

of an individual performing service to which subparagraph (B) of

such section 410(l)(1) of this title applies.

(e) Peace Corps volunteers

For purposes of this subchapter, in the case of an individual

performing service, as a volunteer or volunteer leader within the

meaning of the Peace Corps Act [22 U.S.C. 2501 et seq.], to which

the provisions of section 410(o) of this title are applicable, (1)

the term "wages" shall, subject to the provisions of subsection (a)

of this section, include as such individual's remuneration for such

service only amounts certified as payable pursuant to section 5(c)

or 6(1) of the Peace Corps Act [22 U.S.C. 2504(c) or 2505(1)], and

(2) any such amount shall be deemed to have been paid to such

individual at the time the service, with respect to which it is

paid, is performed.

(f) Tips

For purposes of this subchapter, tips received by an employee in

the course of his employment shall be considered remuneration for

employment. Such remuneration shall be deemed to be paid at the

time a written statement including such tips is furnished to the

employer pursuant to section 6053(a) of the Internal Revenue Code

of 1986 or (if no statement including such tips is so furnished) at

the time received.

(g) Members of religious orders

For purposes of this subchapter, in any case where an individual

is a member of a religious order (as defined in section 3121(r)(2)

of the Internal Revenue Code of 1986) performing service in the

exercise of duties required by such order, and an election of

coverage under section 3121(r) of such Code is in effect with

respect to such order or with respect to the autonomous subdivision

thereof to which such member belongs, the term "wages" shall,

subject to the provisions of subsection (a) of this section,

include as such individual's remuneration for such service the fair

market value of any board, lodging, clothing, and other perquisites

furnished to such member by such order or subdivision thereof or by

any other person or organization pursuant to an agreement with such

order or subdivision, except that the amount included as such

individual's remuneration under this paragraph shall not be less

than $100 a month.

(h) Retired justices and judges

For purposes of this subchapter, in the case of an individual

performing service under the provisions of section 294 of title 28

(relating to assignment of retired justices and judges to active

duty), the term "wages" shall not include any payment under section

371(b) of such title 28 which is received during the period of such

service.

(i) Employer contributions under sections 401(k) and 414(h)(2) of

Internal Revenue Code

Nothing in any of the foregoing provisions of this section (other

than subsection (a) of this section) shall exclude from the term

"wages" -

(1) Any employer contribution under a qualified cash or

deferred arrangement (as defined in section 401(k) of the

Internal Revenue Code of 1986) to the extent not included in

gross income by reason of section 402(a)(8) of such Code, or

(2) Any amount which is treated as an employer contribution

under section 414(h)(2) of such Code where the pickup referred to

in such section is pursuant to a salary reduction agreement

(whether evidenced by a written instrument or otherwise).

(j) Amounts deferred under nonqualified deferred compensation plans

Any amount deferred under a nonqualified deferred compensation

plan (within the meaning of section 3121(v)(2)(C) of the Internal

Revenue Code of 1986) shall be taken into account for purposes of

this subchapter as of the later of when the services are performed,

or when there is no substantial risk of forfeiture of the rights to

such amount. Any amount taken into account as wages by reason of

the preceding sentence (and the income attributable thereto) shall

not thereafter be treated as wages for purposes of this subchapter.

(k) "National average wage index" and "deferred compensation

amount" defined

(1) For purposes of sections 403(f)(8)(B)(ii), 413(d)(2)(B),

415(a)(1)(B)(ii), 415(a)(1)(C)(ii), 415(a)(1)(D), 415(b)(3)(A)(ii),

415(i)(1)(E), 415(i)(2)(C)(ii), 424a(f)(2)(B), and 430(b)(2) (and

430(b)(2) of this title as in effect immediately prior to the

enactment of the Social Security Amendments of 1977), the term

'national average wage index' for any particular calendar year

means, subject to regulations of the Commissioner of Social

Security under paragraph (2), the average of the total wages for

such particular calendar year.

(2) The Commissioner of Social Security shall prescribe

regulations under which the national average wage index for any

calendar year shall be computed -

(A) on the basis of amounts reported to the Secretary of the

Treasury or his delegate for such year,

(B) by disregarding the limitation on wages specified in

subsection (a)(1) of this section,

(C) with respect to calendar years after 1990, by incorporating

deferred compensation amounts and factoring in for such years the

rate of change from year to year in such amounts, in a manner

consistent with the requirements of section 10208 of the Omnibus

Budget Reconciliation Act of 1989, and

(D) with respect to calendar years before 1978, in a manner

consistent with the manner in which the average of the total

wages for each of such calendar years was determined as provided

by applicable law as in effect for such years.

(3) For purposes of this subsection, the term "deferred

compensation amount" means -

(A) any amount excluded from gross income under chapter 1 of

the Internal Revenue Code of 1986 by reason of section

402(a)(8),(!2) 402(h)(1)(B), or 457(a) of such Code or by reason

of a salary reduction agreement under section 403(b) of such

Code,

(B) any amount with respect to which a deduction is allowable

under chapter 1 of such Code by reason of a contribution to a

plan described in section 501(c)(18) of such Code, and

(C) to the extent provided in regulations of the Commissioner

of Social Security, deferred compensation provided under any

arrangement, agreement, or plan referred to in subsection (i) or

(j) of this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title II, Sec. 209, 49 Stat. 625; Aug. 10,

1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1373; Mar. 24,

1943, ch. 26, Sec. 1(b)(2), 57 Stat. 47; Apr. 4, 1944, ch. 161,

Sec. 2, 58 Stat. 188; Oct. 23, 1945, ch. 433, Sec. 7(b), 59 Stat.

548; Dec. 29, 1945, ch. 652, title I, Sec. 5(a), 59 Stat. 671; Aug.

10, 1946, ch. 951, title IV, Secs. 407(a), 408(a), 409(a), 410,

411, 414, 60 Stat. 988, 989, 990; Apr. 20, 1948, ch. 222, Sec.

1(a), 62 Stat. 195; Aug. 28, 1950, ch. 809, title I, Sec. 104(a),

64 Stat. 492; Sept. 1, 1954, ch. 1206, title I, Secs.

101(a)(1)-(3), 104(a), 68 Stat. 1052, 1078; Aug. 1, 1956, ch. 836,

title I, Sec. 105(a), 70 Stat. 828; Aug. 1, 1956, ch. 837, title

IV, Sec. 401, 70 Stat. 869; Pub. L. 85-786, Sec. 1, Aug. 27, 1958,

72 Stat. 938; Pub. L. 85-840, title I, Sec. 102(a), Aug. 28, 1958,

72 Stat. 1019; Pub. L. 86-778, title I, Sec. 103(j)(2)(C), (F),

Sept. 13, 1960, 74 Stat. 937, 938; Pub. L. 87-64, title I, Sec.

102(c)(3)(A), June 30, 1961, 75 Stat. 134; Pub. L. 87-293, title

II, Sec. 202(b)(2), Sept. 22, 1961, 75 Stat. 626; Pub. L. 88-272,

title II, Sec. 220(c)(3), Feb. 26, 1964, 78 Stat. 63; Pub. L.

88-650, Sec. 4(a), Oct. 13, 1964, 78 Stat. 1077; Pub. L. 89-97,

title III, Secs. 313(a), 320(a)(1), July 30, 1965, 79 Stat. 382,

393; Pub. L. 90-248, title I, Sec. 108(a)(1), title V, Sec. 504(c),

Jan. 2, 1968, 81 Stat. 834, 935; Pub. L. 92-5, title II, Sec.

203(a)(1), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92-336, title II,

Sec. 203(a)(1), July 1, 1972, 86 Stat. 417; Pub. L. 92-603, title

I, Secs. 104(g), 122(a), 123(c)(1), 138(a), Oct. 30, 1972, 86 Stat.

1341, 1354, 1356, 1365; Pub. L. 93-66, title II, Sec. 203(a)(1),

July 9, 1973, 87 Stat. 153; Pub. L. 93-233, Sec. 5(a)(1), Dec. 31,

1973, 87 Stat. 953; Pub. L. 95-216, title III, Sec.

351(a)(1)-(3)(A), Dec. 20, 1977, 91 Stat. 1549; Pub. L. 95-472,

Sec. 3(c), Oct. 17, 1978, 92 Stat. 1333; Pub. L. 95-600, title I,

Sec. 164(b)(4), Nov. 6, 1978, 92 Stat. 2814; Pub. L. 96-499, title

XI, Sec. 1141(a)(2), Dec. 5, 1980, 94 Stat. 2693; Pub. L. 97-34,

title I, Sec. 124(e)(2)(B), Aug. 13, 1981, 95 Stat. 201; Pub. L.

97-123, Sec. 3(a), Dec. 29, 1981, 95 Stat. 1662; Pub. L. 98-21,

title I, Sec. 101(c)(1), title III, Secs. 324(c)(1)-(3), 327(a)(2),

(b)(2), 328(b), Apr. 20, 1983, 97 Stat. 70, 124, 125, 127, 128;

Pub. L. 98-369, div. A, title IV, Sec. 491(d)(39), title V, Sec.

531(d)(1)(B), div. B, title VI, Secs. 2661(i), 2663(a)(6), July 18,

1984, 98 Stat. 851, 884, 1157, 1162; Pub. L. 99-272, title XII,

Sec. 12112(a), Apr. 7, 1986, 100 Stat. 288; Pub. L. 99-514, title

I, Sec. 122(e)(5), title XI, Sec. 1151(d)(2)(C), Oct. 22, 1986, 100

Stat. 2112, 2505; Pub. L. 100-203, title IX, Secs. 9001(a)(2),

9002(a), 9003(a)(1), Dec. 22, 1987, 101 Stat. 1330-286, 1330-287;

Pub. L. 100-647, title I, Secs. 1001(g)(4)(C), 1011(f)(8),

1011B(a)(22)(E), (23)(B), title III, Sec. 3043(a), title VIII, Sec.

8017(a), Nov. 10, 1988, 102 Stat. 3352, 3463, 3486, 3641, 3793;

Pub. L. 101-140, title II, Sec. 203(a)(2), Nov. 8, 1989, 103 Stat.

830; Pub. L. 101-239, title X, Sec. 10208(a), (d)(1), Dec. 19,

1989, 103 Stat. 2476, 2479; Pub. L. 101-508, title V, Sec.

5130(a)(5), Nov. 5, 1990, 104 Stat. 1388-289; Pub. L. 103-296,

title I, Sec. 107(a)(4), title III, Sec. 321(c)(4), (e)(1), Aug.

15, 1994, 108 Stat. 1478, 1538, 1539; Pub. L. 103-387, Sec.

2(a)(2)(A), Oct. 22, 1994, 108 Stat. 4072; Pub. L. 104-188, title

I, Secs. 1421(b)(8)(B), 1458(b)(2), Aug. 20, 1996, 110 Stat. 1798,

1820.)

-REFTEXT-

REFERENCES IN TEXT

Section 165 of the Internal Revenue Code of 1939, referred to in

subsec. (a)(4)(A), (B), was a part of chapter 1 of the 1939 Code,

and was repealed by section 7851(a)(1)(A), (3) of Title 26,

Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A

Stat. 3). Internal Revenue Code of 1954 redesignated Internal

Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095.

Section 405(a) of the Internal Revenue Code of 1954, referred to

in subsec. (a)(4)(D), was repealed by Pub. L. 98-369, div. A, title

IV, Sec. 491(a), July 18, 1984, 98 Stat. 848.

For provision deeming a reference in other laws to a provision of

the 1939 Code as a reference to the corresponding provisions of the

1986 Code, see section 7852(b) of the 1986 Code. For table of

comparisons of the 1939 Code to the 1986 Code, see table preceding

section 1 of Title 26, Internal Revenue Code. The Internal Revenue

Code of 1986 is classified generally to Title 26.

Internal Revenue Code of 1954, referred to in text, redesignated

Internal Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22,

1986, 100 Stat. 2095.

Internal Revenue Code of 1986, referred to in text, is classified

to Title 26.

The Peace Corps Act, referred to in subsec. (e), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

The enactment of the Social Security Amendments of 1977, referred

to in subsec. (k)(1), means the enactment of Pub. L. 95-216, which

was approved Dec. 20, 1977.

Section 10208 of the Omnibus Budget Reconciliation Act of 1989,

referred to in subsec. (k)(2)(C), is section 10208 of Pub. L.

101-239, title X, Dec. 19, 1989, 103 Stat. 2476, which amended this

section, sections 403, 413, 415, 417, 418, 424a, and 430 of this

title, section 206 of Title 29, Labor, and section 231 of Title 45,

Railroads, and enacted provisions set out as a note under section

430 of this title.

Section 402 of the Internal Revenue Code of 1986, referred to in

subsec. (k)(3)(A), was amended by Pub. L. 102-318, Sec. 521, and,

as so amended, provisions formerly contained in section 402(a)(8)

are contained in section 402(e)(3).

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(4)(J). Pub. L. 104-188, Sec. 1421(b)(8)(B),

added subpar. (J).

Subsec. (a)(4)(K). Pub. L. 104-188, Sec. 1458(b)(2), added

subpar. (K).

1994 - Subsec. (a)(4)(A). Pub. L. 103-296, Sec. 321(c)(4)(A),

substituted "Internal Revenue Code of 1954 or the Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

Subsec. (a)(4)(C), (E), (5)(A). Pub. L. 103-296, Sec.

321(c)(4)(B)(i), (ii), substituted "1986" for "1954" after "Code

of".

Subsec. (a)(6)(B). Pub. L. 103-387 amended subpar. (B) generally.

Prior to amendment, subpar. (B) read as follows: "Cash remuneration

paid by an employer in any calendar quarter to an employee for

domestic service in a private home of the employer, if the cash

remuneration paid in such quarter by the employer to the employee

for such service is less than $50. As used in this paragraph, the

term 'domestic service in a private home of the employer' does not

include service described in section 410(f)(5) of this title;".

Subsecs. (a)(14)(A), (B), (15) to (17), (b), (f), (g), (i)(1),

(j). Pub. L. 103-296, Sec. 321(c)(4)(B)(iii)-(vi), (C), substituted

"1986" for "1954" after "Code of".

Subsec. (k). Pub. L. 103-296, Sec. 321(e)(1), added par. (1) and

struck out former par. (1) which defined "deemed average total

wages", added par. (2), and redesignated former par. (2) as (3) and

in introductory provisions of par. (3) substituted "this

subsection" for "paragraph (1)".

Pub. L. 103-296, Sec. 107(a)(4), in subsec. (k) as amended by

Pub. L. 103-296, Sec. 321(e)(1), substituted "Commissioner of

Social Security" for "Secretary" in par. (1), in introductory

provisions of par. (2), and in par. (3)(C).

1990 - Subsec. (a)(7)(B). Pub. L. 101-508 substituted "clause

(ii)" for "subparagraph (B)" in concluding provisions.

1989 - Subsec. (a). Pub. L. 101-239, Sec. 10208(d)(1)(A)-(K),

inserted "(a)" at beginning of text and in subsec. (a) as so

designated, redesignated, respectively, former subsec. (a)(1) to

(9) as par. (1)(A) to (I), former subsec. (b)(1) to (3) as par.

(2)(A) to (C), former subsec. (d) as par. (3), former subsec.

(e)(1) to (9) as par. (4)(A) to (I), former subsec. (f)(1) and (2)

as par. (5)(A) and (B), former subsec. (g)(1) to (3) as par. (6)(A)

to (C), former subsec. (h)(1), (2)(A) and (B), and (i) to (iii) as

par. (7)(A), (B)(i) and (ii), and (I) to (III), former subsecs. (j)

and (k) as pars. (8) and (9), former subsec. (l)(1) and (2) as par.

(10)(A) and (B), former subsec. (m)(1) and (2) as par. (11)(A) and

(B), former subsecs. (n) and (o) as pars. (12) and (13), former

subsec. (p)(1) and (2) as par. (14)(A) and (B), and former subsecs.

(q) to (t) as pars. (15) to (18).

Subsec. (b). Pub. L. 101-239, Sec. 10208(d)(1)(L), designated

par. beginning with "Nothing in the regulations" as subsec. (b).

Former subsec. (b) redesignated subsec. (a)(2).

Subsec. (c). Pub. L. 101-239, Sec. 10208(d)(1)(M), designated

par. beginning with "For purposes of this subchapter, in the case

of domestic service" as subsec. (c) and substituted "subsection

(a)(6)(B)" for "subsection (g)(2)" in two places.

Subsec. (d). Pub. L. 101-239, Sec. 10208(d)(1)(N), designated

par. beginning with "For purposes of this subchapter, in the case

of an individual performing service, as a member" as subsec. (d)

and substituted "subsection (a)(1)" for "subsection (a)" in

introductory provisions. Former subsec. (d) redesignated subsec.

(a)(3).

Subsecs. (e) to (h). Pub. L. 101-239, Sec. 10208(d)(1)(O)-(R),

designated pars. beginning with "For purposes of this subchapter,

in the case of an individual performing service, as a volunteer",

"For purposes of this subchapter, tips received", "For purposes of

this subchapter, in any case where", and "For purposes of this

subchapter, in the case of an individual performing service under

the provisions", as subsecs. (e) to (h), respectively. Former

subsecs. (e) to (h) redesignated subsec. (a)(4) to (7),

respectively.

Subsec. (i). Pub. L. 101-239, Sec. 10208(d)(1)(S), designated

par. beginning with "Nothing in any of the foregoing" as subsec.

(i).

Pub. L. 101-140 amended cls. (2) and (3) of next to last indented

par. of closing provisions [now subsec. (i)] to read as if

amendment by Pub. L. 100-647, Sec. 1011B(a)(22)(E), had not been

enacted, see 1988 Amendment note below.

Subsec. (j). Pub. L. 101-239, Sec. 10208(d)(1)(T), designated

par. beginning with "Any amount deferred" as subsec. (j). Former

subsec. (j) redesignated subsec. (a)(8).

Subsec. (k). Pub. L. 101-239, Sec. 10208(a), added subsec. (k).

1988 - Pub. L. 100-647, Sec. 1011B(a)(22)(E), in next to last

indented par. of closing provisions, substituted ", or" for period

at end of cl. (2) and added cl. (3).

Subsec. (e)(8). Pub. L. 100-647, Sec. 1011(f)(8), amended cl. (8)

generally. Prior to amendment, cl. (8) read as follows: "under a

simplified employee pension (as defined in section 408(k) of the

Internal Revenue Code of 1986) if, at the time of the payment, it

is reasonable to believe that the employee will be entitled to a

deduction under section 219(b)(2) of such Code for such payment,".

Subsec. (e)(9). Pub. L. 100-647, Sec. 1011B(a)(23)(B), inserted

"if such payment would not be treated as wages without regard to

such plan and it is reasonable to believe that (if section 125

applied for purposes of this section) section 125 would not treat

any wages as constructively received" after "1986)".

Subsec. (h)(2). Pub. L. 100-647, Sec. 8017(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "Cash

remuneration paid by an employer in any calendar year to an

employee for agricultural labor unless (A) the cash remuneration

paid in such year by the employer to the employee for such labor is

$150 or more, or (B) the employer's expenditures for agricultural

labor in such year equal or exceed $2,500;".

Subsec. (k). Pub. L. 100-647, Sec. 1001(g)(4)(C), substituted

"section 217 of the Internal Revenue Code of 1986 (determined

without regard to section 274(n) of such Code)" for "section 217 of

the Internal Revenue Code of 1954".

Subsec. (t). Pub. L. 100-647, Sec. 3043(a), added subsec. (t).

1987 - Pub. L. 100-203, Sec. 9001(a)(2), in second indented par.

of closing provisions, substituted "only (1) his basic pay as

described in chapter 3 and section 1009 of title 37 in the case of

an individual performing service to which subparagraph (A) of such

section 410(l)(1) of this title applies, or (2) his compensation

for such service as determined under section 206(a) of title 37 in

the case of an individual performing service to which subparagraph

(B) of such section 410(l)(1) of this title applies." for "only his

basic pay as described in chapter 3 and section 1009 of title 37."

Subsec. (b)(3). Pub. L. 100-203, Sec. 9003(a)(1), substituted

"death, except that this subsection does not apply to a payment for

group-term life insurance to the extent that such payment is

includible in the gross income of the employee under the Internal

Revenue Code of 1986" for "death".

Subsec. (h)(2)(B). Pub. L. 100-203, Sec. 9002(a), added cl. (B)

and struck out former cl. (B) which read as follows: "the employee

performs agricultural labor for the employer on twenty days or more

during such year for cash remuneration computed on a time basis;".

1986 - Subsec. (e). Pub. L. 99-514, Sec. 1151(d)(2)(C), added cl.

(9).

Subsec. (s). Pub. L. 99-514, Sec. 122(e)(5), substituted "74(c),

117, or" for "117 or".

Pub. L. 99-272 in third to last undesignated paragraph,

substituted "shall not include" for "shall, subject to the

provisions of subsection (a) of this section, include".

1984 - Pub. L. 98-369, Sec. 531(d)(1)(B)(i), inserted in

introductory text "(including benefits)" before "paid in any

medium".

Subsec. (a)(5) to (9). Pub. L. 98-369, Sec. 2663(a)(6)(A)(i),

realigned margins of pars. (5) to (9).

Subsec. (e). Pub. L. 98-369, Sec. 2663(a)(6)(A)(v), realigned

margin of subsec. (e).

Subsec. (e)(4). Pub. L. 98-369, Sec. 491(d)(39), inserted "(as in

effect before July 18, 1984)" after "section 405(a) of the Internal

Revenue Code of 1954".

Subsec. (e)(7). Pub. L. 98-369, Sec. 2661(i)(1), struck out the

semicolon after "Act of 1974".

Subsecs. (f), (k) to (p). Pub. L. 98-369, Sec. 2663(a)(6)(A)(v),

realigned margins of subsecs. (f) and (k) to (p).

Subsec. (p). Pub. L. 98-369, Sec. 2663(a)(6)(A)(ii)-(iv),

redesignated the subsec. (p) enacted by Pub. L. 95-216 as par. (1)

and the subsec. (p) enacted by Pub. L. 95-472 as par. (2), and

substituted a semicolon for a period in par. (1) as so

redesignated.

Subsecs. (q), (r). Pub. L. 98-369, Sec. 2663(a)(6)(A)(v),

realigned margins of subsecs. (q) and (r).

Subsec. (s). Pub. L. 98-369, Sec. 531(d)(1)(B)(ii), added subsec.

(s).

Pub. L. 98-369, Sec. 2663(a)(6)(B), in undesignated par. relating

to the meaning of "wages" in the case of a member of a uniformed

service to which section 410(l)(1) of this title is applicable,

substituted "chapter 3 and section 1009 of title 37" for "section

102(10) of the Servicemen's and Veterans' Survivor Benefits Act".

Pub. L. 98-369, Sec. 2661(i)(2), in undesignated par. relating to

employer contributions as not being excluded from "wages", inserted

"where the pickup referred to in such section is pursuant to a

salary reduction agreement (whether evidenced by a written

instrument or otherwise)".

1983 - Subsec. (b). Pub. L. 98-21, Sec. 324(c)(3)(A), struck out

cl. (1) which read "retirement", and redesignated cls. (2) to (4)

as (1) to (3), respectively.

Subsec. (c). Pub. L. 98-21, Sec. 324(c)(3)(B), struck out subsec.

(c) which related to any payment made to an employee (including any

amount paid by an employer for insurance or annuities, or into a

fund, to provide for any such payment) on account of retirement.

Subsec. (e)(5) to (7). Pub. L. 98-21, Sec. 324(c)(2), added cls.

(5) to (7).

Subsec. (e)(8). Pub. L. 98-21, Sec. 328(b), added cl. (8).

Subsec. (i). Pub. L. 98-21, Sec. 324(c)(3)(B), struck out subsec.

(i) which related to any payment (other than vacation or sick pay)

made to an employee after the month in which he attained age 62, if

he did not work for the employer in the period for which such

payment was made, and provided for this subsection that "sick pay"

included remuneration for service in the employ of a State, a

political subdivision (as defined in section 418(b)(2) of this

title) of a State, or an instrumentality of two or more States,

paid to an employee thereof for a period during which he was absent

from work because of sickness.

Subsec. (m)(1)(C). Pub. L. 98-21, Sec. 324(c)(3)(C), struck out

subpar. (C) which related to retirement after attaining an age

specified in the plan referred to in par. (2) or in a pension plan

of the employer.

Subsec. (r). Pub. L. 98-21, Sec. 327(a)(2), added subsec. (r).

Pub. L. 98-21, Sec. 327(b)(2), inserted, immediately following

subsec. (r), provision that nothing in the regulations prescribed

for purposes of chapter 24 of the Internal Revenue Code of 1954

(relating to income tax withholding) which provides an exclusion

from "wages" as used in such chapter shall be construed to require

a similar exclusion from "wages" in the regulations prescribed for

purposes of this subchapter.

Pub. L. 98-21, Sec. 324(c)(1), inserted, at end of section, two

undesignated pars. specifying the inclusion of certain employer

contributions as "wages" and directing that any amount deferred

under a nonqualified deferred compensation plan be taken into

account under certain conditions but not treated as wages

thereafter for purposes of this subchapter.

Pub. L. 98-21, Sec. 101(c)(1), inserted, at end of section,

undesignated par. defining "wages" for purposes of this subchapter

in the case of an individual performing service under provisions of

section 294 of title 28 (relating to assignment of retired justices

and judges to active duty) to include payments under section 371(b)

of title 28 that is received during the period of such service.

1981 - Subsec. (b)(2). Pub. L. 97-123 inserted "(but, in the case

of payments made to an employee or any of his dependents, this

clause shall exclude from the term 'wages' only payments which are

received under a workmen's compensation law)" after "sickness or

accident disability".

Subsec. (q). Pub. L. 97-34 substituted "section 127 or 129" for

"section 127".

1980 - Subsec. (f). Pub. L. 96-499 substituted "section 3101 of

the Internal Revenue Code of 1954" for "section 1400 of the

Internal Revenue Code of 1939" in subpar. (1) and inserted "with

respect to remuneration paid to an employee for domestic service in

a private home of the employer or for agricultural labor".

1978 - Subsec. (p). Pub. L. 95-472 added a second subsec. (p).

Subsec. (q). Pub. L. 95-600 added subsec. (q).

1977 - Subsecs. (g)(3), (j). Pub. L. 95-216, Sec. 351(a)(1), (2),

substituted "year" for "quarter" wherever appearing and "$100" for

"$50".

Subsec. (n). Pub. L. 95-216, Sec. 351(a)(3)(A), struck out "or"

after "such employee died".

Subsec. (o). Pub. L. 95-216, Sec. 351(a)(3)(A), substituted

"payment is made; or" for "payment is made.".

Subsec. (p). Pub. L. 95-216, Sec. 351(a)(3)(A), added subsec.

(p).

1973 - Subsec. (a)(8). Pub. L. 93-233 substituted "$13,200" for

"$12,600".

Pub. L. 93-66 substituted "$12,600" for "$12,000".

1972 - Subsec. (a)(6). Pub. L. 92-336, Sec. 203(a)(1)(A),

inserted "and prior to 1973" after "1971".

Subsec. (a)(7) to (9). Pub. L. 92-336, Sec. 203(a)(1)(B), added

pars. (7) to (9).

Subsec. (i). Pub. L. 92-603, Sec. 104(g), struck out "(if a

woman) and age 65 (if a man)" after "attains age 62".

Subsec. (n). Pub. L. 92-603, Sec. 122(a), added subsec. (n).

Subsec. (o). Pub. L. 92-603, Sec. 138(a), added subsec. (o).

Pub. L. 92-603, Sec. 123(c)(1), added par. at end defining

"wages" in the case of members of a religious order when an

election under section 3121(r) of the Internal Revenue Code of 1954

is in effect.

1971 - Subsec. (a)(5). Pub. L. 92-5, Sec. 203(a)(1)(A), inserted

"and prior to 1972" after "1967".

Subsec. (a)(6). Pub. L. 92-5, Sec. 203(a)(i)(B), added par. (6).

1968 - Subsec. (a)(4), (5). Pub. L. 90-248, Sec. 108(a)(1)(A),

(B), inserted "and prior to 1968" after "1965" and added par. (5),

respectively.

Subsec. (m). Pub. L. 90-248, Sec. 504(c), added subsec. (m).

1965 - Subsec. (a)(3). Pub. L. 89-97, Sec. 320(a)(1)(A), inserted

"and prior to 1966" after "1958".

Subsec. (a)(4). Pub. L. 89-97, Sec. 320(a)(1)(B), added par. (4).

Subsec. (l). Pub. L. 89-97, Sec. 313(a)(1), added subsec. (l).

Pub. L. 89-97, Sec. 313(a)(2), added paragraph at end providing

that tips be considered remuneration and that such remuneration be

deemed paid as of the filing of a written statement or as of the

time received.

1964 - Subsec. (e). Pub. L. 88-272 included as "wages" payments

after 1954 under or to trust exempt under sections 401 and 501(a),

I.R.C. 1954, under annuity plans after 1954 and prior to 1963,

under section 401(a)(3), (4), (5), and (6), I.R.C. 1954, under or

to annuity plans which at time of payment after 1962, are described

in section 403(a), I.R.C. 1954, and under or to a bond purchase

plan which at time of any payment after 1962, is a qualified bond

purchase plan described in section 405(a), I.R.C. 1954.

Subsec. (k). Pub. L. 88-650 added subsec. (k).

1961 - Subsec. (i). Pub. L. 87-64 substituted "attains age 62 (if

a woman) or age 65 (if a man)" for "attains retirement age (as

defined in section 416(a) of this title)".

Pub. L. 87-293 added last paragraph providing for computation of

wages for Peace Corps volunteer service.

1960 - Subsec. (j). Pub. L. 86-778, Sec. 103(j)(2)(F),

substituted "section 410(j)(3)(C)" for "section 410(k)(3)(C)".

Pub. L. 86-778, Sec. 103(j)(2)(C), substituted "section 410(l)(1)

of this title" for "section 410(m)(1) of this title" in last par.

1958 - Subsec. (a). Pub. L. 85-840 inserted "and prior to 1959"

after "any calendar year after 1954" in cl. (2), and added cl. (3).

Subsec. (i). Pub. L. 85-786 inserted sentence to include

remuneration for service in State employment paid to employee for

period he was absent for illness in term "sick pay".

1956 - Subsec. (h)(2). Act Aug. 1, 1956, ch. 836, included within

definition of "wages" cash remuneration of $150 or more, and cash

remuneration computed on a time basis where the employee performs

agricultural labor for the employer on 20 days or more during the

calendar year.

Act Aug. 1, 1956, ch. 837, added penultimate par. to define

"wages" in the case of an individual performing service, as a

member of a uniformed service, to which the provisions of section

410(m)(1) of this title are applicable.

1954 - Subsec. (a). Act Sept. 1, 1954, Sec. 104(a), provided that

for years after 1954 "wages" would exclude any remuneration in

excess of $4,200 paid to an individual with respect to employment

during a calendar year.

Subsec. (g)(2). Act Sept. 1, 1954, Sec. 101(a)(1), made coverage

of domestic service depend solely on receipt by the employee, in a

quarter, of $50 in cash remuneration from one employer for such

service.

Subsec. (g)(3). Act Sept. 1, 1954, Sec. 101(a)(2), added par.

(3).

Subsec. (h). Act Sept. 1, 1954, Sec. 101(a)(3), redesignated

subsection as cl. (1) and added cl. (2).

1950 - Act Aug. 28, 1950, amended section generally.

1948 - Subsec. (b)(15). Act Apr. 20, 1948, inserted subpar. (B).

1946 - Subsec. (a). Act Aug. 10, 1946, Sec. 414, in amending

subsec. (a), made pars. (1) and (2) applicable only to payments

before Jan. 1, 1947, added a new par. (3), applicable to payments

after that date, and renumbered former pars. (3) to (6) to be pars.

(4) to (7), respectively.

Subsec. (h). Act Aug. 10, 1946, Sec. 407(a), in amending subsec.

(h), required a currently insured individual to have not less than

six quarters of coverage during the period consisting of the

quarter in which he died and the twelve preceding quarters.

Subsec. (i). Act Aug. 10, 1946, Sec. 408(a), in amending subsec.

(i), required only that a wife be married to the insured individual

for 36 months instead of requiring that they be married before Jan.

1, 1939, or before he became 60 years of age, as was formerly the

case.

Subsec. (k). Act Aug. 10, 1946, Sec. 409(a), in amending subsec.

(k), changed requirement that a stepchild or adopted child must

have been such before the individual reached age 60 to require, in

the case of a living individual, that the child must have been a

stepchild or adopted child for 36 months.

Subsec. (q). Act Aug. 10, 1946, Sec. 410, added subsec. (q).

Subsec. (r). Act Aug. 10, 1946, Sec. 411, added subsec. (r).

1945 - Subsec. (b)(16). Act. Dec. 29, 1945, added par. (16).

Subsec. (p). Act Oct. 23, 1945, added subsec. (p).

1944 - Subsec. (o)(1). Act Apr. 4, 1944, Sec. 2, inserted "but

shall not include any such service performed (1) under a contract

entered into without the United States and during the performance

of which the vessel does not touch at a port in the United States,

or (2) on a vessel documented under the laws of any foreign country

and bareboat chartered to the War Shipping Administration".

1943 - Subsec. (o). Act Mar. 24, 1943, added subsec. (o).

1939 - Act Aug. 10, 1939, amended section generally.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 1421(b)(8)(B) of Pub. L. 104-188 applicable

to taxable years beginning after Dec. 31, 1996, see section 1421(e)

of Pub. L. 104-188, set out as a note under section 72 of Title 26,

Internal Revenue Code.

Amendment by section 1458(b)(2) of Pub. L. 104-188 applicable to

remuneration paid after Dec. 31, 1996, see section 1458(c)(2) of

Pub. L. 104-188, set out as a note under section 3121 of Title 26.

EFFECTIVE DATE OF 1994 AMENDMENTS

Amendment by Pub. L. 103-387 applicable to remuneration paid

after Dec. 31, 1993, see section 2(a)(3) of Pub. L. 103-387, set

out as a note under section 3102 of Title 26, Internal Revenue

Code.

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.